Legal Opinions Research Articles

Aspects of Legal Certainty of Land Declaration Letters as Guidelines for Land Registration with Negative Stelse

Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the correctness of the data presented in the certificate. This briefly illustrates the condition that legal certainty is not guaranteed in land registration activities. Many people still think that the land statement they own is proof of ownership of land rights. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system does not apply forever. The negative publication system in Indonesia still adheres to positive elements, where the government will guarantee the correctness of the data presented after 5 years of the land being registered. These restrictions actually aim to provide legal protection for land owners, so that it is possible to file lawsuits by parties who feel entitled. This can be seen in land cases in the judicial process, such as the case of decision Number 160/Pdt.G/2020/PN Plk, where the Judge stated that the Land Declaration Letter was valid and had binding legal force in the name of Mr. Baturung. Land Statement Letter Number: 140,594/300 /KL-MTG/PEM. This research uses normative research methods accompanied by primary legal materials and secondary legal materials. To answer legal issues by describing, examining, studying and explaining accurately and analyzing applicable laws and regulations as well as various legal expert opinions, with the aim of getting answers to the problems raised. The Land Declaration Letter is a letter issued by the sub-district.

JURIDICAL STUDIES OF THE LEGAL STATUS OF DIGITAL RUPIAH IN THE CONTEXT OF MODERNIZING FINANCIAL MARKET INFRASTRUCTURE

The rise of exchange rates other than the official state currency in the digital world raises its own problems. The development of the digital economy that is currently developing is supported by digital economic infrastructure, one of which is the official state medium of exchange. Therefore, this is a demand for the public's need for official state exchange instruments that can apply in the digital world. This was then answered by Bank Indonesia through the concept of Digital Rupiah and its derivatives in various Bank Indonesia Regulations. However, there are problems regarding the Digital Rupiah policy and the implementation of secure use of the Digital Rupiah sistem. This research was conducted using a normative juridical method, and the writing stage was carried out through a literature search which was carried out by examining secondary data including primary legal materials, literature, articles, opinions and teachings of experts and their implementation in laws and regulations. Based on the discussion, it can be concluded that policies related to Digital Rupiah as a modernization of financial market infrastructure are still contained in various regulations, including Law Number 4 of 2023, Bank Indonesia Regulation Number 23/11/PBI/2021, and Bank Indonesia Regulation Number 23/10 /PBI/2021. Digital Rupiah security arrangements in Indonesia refer to Bank for International Settlements (BIS) guidelines and include secure technology infrastructure, cloud-based cybersecurity services, risk management and compliance sistems, as well as application and infrastructure security integration through DevSecOps. Reliability certificates are regulated in Government Regulation Number 71 of 2019.

PUNISHMENTS FOR INTELLECTUAL ACTORS IN THE CRIME OF MURDER: COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW IN INDONESIA

The involvement of intellectual actors in criminal cases generally goes unpunished and does not receive much attention in academic studies. Positive law in Indonesia and Islamic law have clear provisions regarding punishment for criminal acts committed by intellectual actors, especially in cases of murder. Therefore, the article aims to understand the position of intellectual actors in murder cases in Islamic law and positive law. In Islamic law, the intellectual actor could receive the death penalty. Similarly, in the positive law, the death penalty could also be applied to the intellectual actor of murder cases. This case of murder provides an important illustration of how Islamic law is, to a certain extent, accommodated in positive law in Indonesia. By examining primary and secondary sources on the issue of these intellectual actors in Islamic law (fiqh literature) and positive law (Kitab Undang-undang Hukum Pidana, KUHP), this article comparatively discusses the similarities and differences between Islamic law and positive law in providing legal opinion for intellectual actors in murder cases.

Condecorações Estrangeiras

Epitácio Pessoa (Umbuzeiro, May 23, 1865 - Petrópolis, February 13, 1942), an honorary member, benefactor and honorary president of IHGB, was an eminent jurist in the fields of international, private and constitutional law. About a century ago, Pessoa, who had been Justice of the Brazilian Supreme Court and was then President of the republic, presented to the Brazilian Senate a legal opinion commenting on the effects of art. 72, § 29 of the 1891 constitution on the (im)possibility of Brazilian citizens to receive foreign decorations. Due to its historical and doctrinal relevance, we reproduced his opinion here with some comments and notes.

REVIEWS OF ACOUSTICAL PATENTS

The purpose of these acoustical patent reviews is to provide enough information for a Journal reader to decide whether to seek more information from the patent itself. Any opinions expressed here are those of the reviewers as individuals and are not legal opinions. Patents are available via the internet at the USPTO website.

IMPLIKASI PERTANAHAN DALAM PENANGANAN KONFLIK AGRARIA DI INDONESIA

This research analyzes the implications of land issues in handling agrarian conflicts in Indonesia using a normative juridical analysis method. By examining legislation, court decisions, and legal experts' opinions, this study reveals the close relationship between land issues and agrarian conflicts in Indonesia. The analyzed implications of land include regulatory aspects, legal certainty, and understanding of land issues in resolving agrarian conflicts. The research findings indicate that unclear, overlapping, or conflicting legislation can hinder the resolution of agrarian conflicts. Moreover, the divergence of court decisions significantly impacts the handling of agrarian conflicts. Legal experts' opinions also provide diverse perspectives on the implications of land in the context of resolving agrarian conflicts. To achieve sustainable resolution of agrarian conflicts, effective coordination among relevant institutions is necessary to improve land regulations, ensure legal certainty, and enhance understanding of land issues. Additionally, efforts to promote dialogue and community participation need to be strengthened in handling agrarian conflicts. Keywords: Land, Agrarian Conflict, Implications, Legal Certainty, Conflict Resolution.

ESPOUSING ABORTION RIGHTS: A CASE STUDY ON THE SATANIC TEMPLE

This study examines how a nontheistic organization called The Satanic Temple (TST) fights for religious freedom for its members, particularly in abortion rights in the US. Ronald Inglehart’s secularization framework is employed to conduct a more in-depth analysis of this group’s efforts to voice religious freedom for its members, particularly on the abortion issue. Therefore, this study also provides an in-depth examination of TST’s strategies regarding the abortion issue. The finding shows that TST has far-reaching implications not only for their efforts against the new abortion law but also for the group’s presence amidst the religious majority environment of the US. Furthermore, another finding also reveals that TST’s efforts in legal proceedings have yet to be treated fairly. TST has a strong legal argument because TST members interpret their fundamental tenets and have an abortion ritual. However, solid legal opinions are not always sufficient. In response to legal challenges, judges have shown reluctance to evaluate Satanist claims on their merits, preferring to invent procedural criticisms. The ruling did not hinder TST as much as it prevented the problem.

Fatwās on Jihād from Premodern Morocco

This article provides an Arabic critical edition of one section of an important but unpublished source for the history of late fifteenth-century Morocco: al-Jawāhir al-mukhtāra fī-mā waqaftu ʿalayhi min al-nawāzil bi-Jibāl Ghumāra (Selected jewels: Legal cases I encountered in the Ghumāra Mountains) by the Mālikī jurist ʿAbd al-ʿAzīz b. al-Ḥasan al-Zayyātī (d. 1055/1645). Although this multivolume collection of legal opinions (fatwās) was compiled in the mid-seventeenth century, it includes numerous fatwās from the fifteenth century onward that do not appear in earlier works, including Aḥmad al-Wansharīsī’s (d. 914/1508) famous collection of fatwās, al-Miʿyār al-muʿrib. This excerpt from the chapter on jihād sheds substantial light on Maghribī legal responses to the Portuguese occupation of Moroccan ports beginning in the fifteenth century. An introduction to the Arabic edition explains the importance of this period and offers an English summary of the Arabic text.

Problematic issues of administrative appeal of decisions of the State Tax Service of Ukraine

Promoting the use of administrative appeals is one of the tasks of the state, which is consistent with the recommendations of the Committee of Ministers of the Council of Europe. The legislation guarantees the possibility of an administrative appeal against the decisions of control bodies. The institution of administrative appeal in this legal relationship is based on presumptions of illegality of the contested decision; tacit agreement of the controlling body with the arguments and demands of the complainant after the expiry of the deadline for consideration of the complaint; interpretation of legal norms in favor of the payer in case of their multiple interpretation.
 The deadlines for filing a complaint differ depending on the type of contested decision. At the same time, there is a need to unify the time limits for filing a complaint, and to increase the duration of the time limits, which are currently excessively short. The procedure for calculating the terms of a court appeal in the event that a taxpayer has filed a complaint with a missed administrative appeal period, along with a request to renew the term, needs to be settled. The issue of encouraging payers to use the administrative appeal procedure by eliminating the disparity in the length of the court appeal period, depending on the use of the administrative appeal, requires further discussion.
 There is a gap in the legislation, which renders the right of the VAT payer to administratively appeal the decision on compliance with his riskiness criteria devoid of practical meaning. There is an urgent need to establish a procedure for appealing such decisions.
 The existing procedure for administrative appeal of decisions to the State Tax Service of Ukraine needs improvement from the point of view of increasing procedural guarantees and compliance with the principle of binding court decisions and legal opinions of the Supreme Court. It is also necessary to bring the appeal procedure in line with the new Law of Ukraine “On Administrative Procedure”.

Pengalihan Hak Atas Tagihan Atas Nama atau Cessie yang Berkepastian Hukum

Debt and credit transactions are common occurrences in business activities. Often, debtors are unable or have not yet fulfilled their obligations, while creditors need immediate funds even before the due date of their receivables. In such cases, Civil Law provides a solution through the institution of "cessie," which is the Transfer of Rights to a Claim. However, the legislation governing cessie is still limited, as it is only addressed in Article 613 of the Civil Code (KUHPerdata), and even that does not comprehensively regulate the matter, leading to disputes that may escalate to court. Article 613 of the Civil Code lacks sufficient provisions for the implementation of cessie, as it only states that the transfer of cessie must be done through an authentic deed or a private document and will only be legally effective against the debtor if it has been notified to them. However, it does not specify who should make the notification, when it should be made, and how it should be done, resulting in legal uncertainty. This research adopts the Juridical Normative method, utilizing two approaches: the Statute Approach, which examines all relevant laws, and the Conceptual Approach, which involves studying legal doctrines and opinions from experts in law. The Transfer of Rights to a Claim (Cessie) transaction has not provided legal certainty for all parties involved, including the cessus (debtor), cedent (transferor), and cessionaris (transferee). This is evident from court decisions in various cases that show inconsistency in how notification is made to cessus. Whether of whether notification is sufficient when done by the cedent or the cessionaris, whether through regular mail or the Court Bailiff's writ, remains unsettled.

Schrödinger’s Fetus and Relational Ontology: Reconciling Three Contradictory Intuitions in Abortion Debates

Pro-life and pro-choice advocates battle for rational dominance in abortion debates. Yet, public polling (and general legal opinion) demonstrates the public’s preference for the middle ground: that abortions are acceptable in certain circumstances and during early pregnancy. Implicit in this, are two contradictory intuitions: (1) that we were all early fetuses, and (2) abortion kills no one. To hold these positions together, Harman and Räsänen have argued for the Actual Future Principle (AFP) which distinguishes between fetuses that will develop into persons and those that will never develop into persons. However intellectually ingenious their solutions are, they fail to account for a third intuition: that the death of a wanted fetus – e.g. through termination or miscarriage – is of moral significance. Not only is this practically important, but it is also supported by public opinion. The authors of this paper argue that relational ontology can modify the AFP to better account for all three intuitions. Furthermore, it further emphasizes the pivotal role of the pregnant person who relates to their own fetus in either personal or impersonal ways. Addressing the fundamental challenges of relational ontology, the authors defend the position that human personal identity is ultimately relational.

Careful What You Wish For

Abstract It is commonly acknowledged that international law applies to cyberspace. But “how” it applies is still a matter of dispute; a matter that was hampered by the limited number of legal opinions by States. It was assumed that an increase in opinio iuris and State practice would crystalize how international law applies to cyberspace. However, the recent surge in legal opinions has had a contrary effect, i.e. increasing rather than decreasing the differences – and hence the legal uncertainty. This development could even create legal asymmetry: while some States will comply with international law, others will exploit the ambiguity and cherry-pick the interpretation that supports their strategic goals.

Perceptual and automated estimates of infringement in 40 music copyright cases

Music copyright infringement lawsuits implicate millions of dollars in damages and costs of litigation. There are, however, few objective measures by which to evaluate these claims. Recent music information retrieval research has proposed objective algorithms to automatically detect musical similarity, which might reduce subjectivity in music copyright infringement decisions, but there remains minimal relevant perceptual data despite its crucial role in copyright law. We collected perceptual data from 51 participants for 40 adjudicated copyright cases from 1915–2018 in 7 legal jurisdictions (USA, UK, Australia, New Zealand, Japan, People’s Republic of China, and Taiwan). Each case was represented by three different versions: either full audio, melody only (MIDI), or lyrics only (text). Due to the historical emphasis in legal opinions on melody as the key criterion for deciding infringement, we originally predicted that listening to melody-only versions would result in perceptual judgments that more closely matched actual past legal decisions. However, as in our preliminary study of 17 court decisions (Yuan et al., 2020), our results did not match these predictions. Participants listening to full audio outperformed not only the melody-only condition, but also automated algorithms designed to calculate musical similarity (with maximal accuracy of 83% vs. 75%, respectively). Meanwhile, lyrics-only conditions performed at chance levels. Analysis of outlier cases suggests that music, lyrics, and contextual factors can interact in complex ways difficult to capture using quantitative metrics. We propose directions for further investigation including using larger and more diverse samples of cases, enhanced methods, and adapting our perceptual experiment method to avoid relying on ground truth data only from court decisions (which may be subject to errors and selection bias). Our results contribute data and methods to inform practical debates relevant to music copyright law throughout the world, such as the question of whether, and the extent to which, judges and jurors should be allowed to hear published sound recordings of the disputed works in determining musical similarity. Our results ultimately suggest that while automated algorithms are unlikely to replace human judgments, they may help to supplement them.

OTORITAS FATWA KEAGAMAAN DALAM KONTEKS ERA KECERDASAN BUATAN (ARTIFICIAL INTELLIGENCE/AI)

There is almost no line of life that is not possessed by artificial intelligence, including in the religious field. Islamic information, including religious fatwas can now be obtained quickly, easily, and abundantly by Muslims with the help of artificial intelligence technology. This poses an ethical problem when artificial intelligence algorithms shift religious authorities. This paper specifically discusses the views of (a) Islam about the presence of artificial intelligence technology and (b) questions religious fatwas from artificial intelligence using a normative approach with literature data. From this paper it is obtained that seeing the positive and negative impacts contained in the use of artificial intelligence, the Islamic view in this case is in a position of conflict on the one hand and reconciliation on the other when faced with artificial intelligence technology. As for fatwas obtained from artificial intelligence, in general it cannot be the only source to be taken as a legal opinion that is followed because of its anonymity (majhul al-hal). Thus, Muslims must still refer to credible religious authorities established or legalized by local authorities.

Electronic Technologies in Elections and Referendums: Theory and Practice

The article is devoted to the study of the theory and practice of using electronic technologies in elections and referendums in the context of guaranteeing the established international principles of electoral law. The relevance of the topic is related to the adoption of the Law of Ukraine "On the All-Ukrainian Referendum", which allows the use of information and telecommunication technologies during its organization and conduct. The subject of the study is the theory and practice of using electronic technologies in elections and referendums in Ukraine and abroad. The purpose of the article is to analyze the use of electronic technologies in the process of administration, preparation and conduct of elections, which can be similarly used in the all-Ukrainian referendum in the context of ensuring the principles of electoral law, and also to clarify the technical side of their implementation. The study applies the method of analysis and synthesis of scientific information, comparative legal and dialectical methods of scientific cognition. The norms of domestic legislation on holding elections and the all-Ukrainian referendum on the use of electronic technologies have been studied. International standards of the implementation of e-voting technology, as well as the main recommendations of the Venice Commission and the Committee of Ministers on preventing violations of the principle of fair and free elections during the use of information technologies, were analyzed. Special attention was paid to the study of legal opinions of courts of foreign countries regarding problematic aspects and possible violation of voting principles when using e-voting technology (USA, Germany, India, Albania). It was concluded that the international community does not distinguish between using of electronic voting programs in elections and referendums, applying the same approaches to the implementation of electoral principles. Recommendations for domestic legislative activity and the practice of election administration are outlined. The possible use of such leading information and telecommunication technologies as biometric identification, online registration of political parties and candidates, electronic voting, optical scanning of paper ballots, recording of a paper trail, cryptography, etc. has been revealed. The analysis of judicial practice made it possible to conclude that in order to comply with the public nature of the election process it is important to guarantee cybersecurity, protection of personal data and the results of will detection by recording a paper trail. Finally, attention was drawn to the problem of legislative regulation of electronic procedures during the all-Ukrainian referendum without their consistency and harmonization with the provisions of the Election Code of Ukraine. The obsolescence of the procedure for initiating a national referendum enshrined in the Constitution of Ukraine and detailed in the law, which needs to be modernized, is emphasized.

PEMBUATAN LEGAL OPINION DALAM PENANGANAN PELANGGARAN ADMINISTRASI PEMILU TAHUN 2024 DI BAWASLU

Since the previous election, the issue of electoral violations has become an inevitable problem. Almost every stage of the elections leaves the issue of violations dealt with by the Bawaslu of Parigi Moutong district, which allows them to make legal analysis and legal opinions. Basically, legal opinions are made to solve a particular problem. Clients often raise this problem. Therefore, a Legal Opinion should be made carefully, orderly, and proportionate. Besides, it has to be systematic in order to be understandable. Although there is no standard format for Legal Opinions, a minimum LO consists of: (1) Fact, (2) Issue, (3) Rules, (4) Application, and (5) Conclusion

PELATIHAN PENYUSUNAN ARGUMENTASI HUKUM DALAM OPTIMALISASI LEGAL ADVICE PADA BAWASLU

This study focuses on efforts to improve the ability of human resources through the form of training in producing legal argumentation as one of the strengthening skills of Bawaslu members in Donggala district. Legal Argumentation is essentially made to answer certain issues. This issue generally arises from the client. Therefore, a legal argumentation must be made in a focused, systematic, and proportional manner. Legal argumentation usually only consists of 3-5 pages. For this reason, legal argumentation must focus only on the issue in question, not discussing matters outside of it. Legal argumentation must also be systematic so that the description is easy to understand. There is no standard format for a Legal Argumentation, but at least an LO consists of: (1) the case, (2) identifiable and relevant legal basis, (3) legal opinion, and closed with (5) conclusion, which includes suggestions or recommendations.

‘Allāl al-Fāsī and Sahal Mahfudh: Maqāṣid asy-Sharī’a as the Meeting Point of the Different Inclinations Rooted in Sunni Tradition

<p>This article aims to highlight the position of 'Allāl and Sahal in the development of Maqāṣid al-Syar'a theory and its application to political, social, and economic problems. The approach is carried out by examining their intellectual career background, examining the theory of the development of Maqāṣid al-Syar'a theory and how they implement it. As a result, 'Allal and Sahal took different positions about Maqāṣid al-Syar'a, although in the and they produced similar or almost the same legal opinions. They both propose a democratic government, an economy that prioritizes the interests of the community, and social conditions that prioritize the interests of women. The dominant difference lies in the characteristics of the choice of sources that indicate affiliation. ' Allāl more often refers to the Qur'an and Sunnah as recommended by the Salafis. While Sahal more often refers to the fiqh tradition advocated by traditional schools, by accommodating modern theories, such as philosophy and social sciences. At this point, the author argues that the concept of Maqāṣid al-Syar'a is a meeting point for various tendencies rooted in the Sunni intellectual tradition, including the different tendencies espoused by 'Allāl and Sahal.</p>

Should the Board Have Control over Shareholder Proposals? Evidence from China

Abstract This Article empirically investigates the impacts of the board’s rejection of shareholder proposals on corporate value and the appropriate approach to regulation. The study utilizes a dataset of such incidents in China, where the board enjoys significant discretion in rejecting proposals due to the inadequacy of legal enforcement mechanisms. The findings provide suggestive evidence that the market reacts negatively to the announcement of proposal rejections, leading to a significant decline in a firm’s stock value. The most adverse effects are associated with rejections of director nomination proposals and blockholder-sponsored proposals. The inclusion of external legal opinions can help alleviate these adverse consequences. Additionally, the research uncovers that while the two stock exchanges in China demonstrate overall competence in identifying harmful rejection decisions, the effectiveness of their regulatory actions via comment letters is hindered by the inherent weakness of the soft law approach. Drawing upon these results, this study posits that the critical value of the shareholder proposal regime lies in providing a low-cost approach for dissident shareholders to replace poorly performing management and facilitating the constructive engagement of large shareholders and the management. Furthermore, it is recommended that China establish an SEC-style review process for board rejection decisions, with the exchanges as the ultimate authority permitting the exclusion of shareholder proposals.

Koncept kontradiktornosti v trestním řízení

The article deals with the issue of adversarialism in relation to Czech criminal proceedings. Although it is a frequently mentioned aspect of the criminal process, adversarialism has not yet been established in Czech criminal law scholarship in the broader professional discourse. Legal practice also treats this concept rather restrainedly and selects certain partial aspects of this problem. In the Czech environment, therefore, one cannot yet speak of a doctrine of adversarialism. It is questionable whether the new Criminal Procedure Code, if adopted, could change this, since it explicitly mentions adversarialism. The author is of the opinion that adversarialism is an immanent part of every criminal process, especially criminal proceedings before the court. He considers adversarialism to be a principle which he elaborates in a broader context than is usually stated. He sees the essence of adversarialism in the legitimate clash of allegations and legal opinions, not merely in the right to be informed of the substance of oneʼs accusation and the right to comment on such an accusation. He considers the audiatur et altera pars rule to be the very minimum and unbreakable guarantee of an adversarial finding of law.