Legal Organization Research Articles

SUPERVISION OF LEGALLY REGISTERED COOPERATIVES AND SAVINGS AND LOAN COOPERATIVES INCLUDES MICROFINANCE INSTITUTIONS PERSPECTIVE

Savings and loan cooperatives, which form the nucleus of the populace's economy, are not solely based on the kinship basis. As stated in the UUD 45's and the Cooperative Law's mandate, the supervisory function must be carried out optimally in order to serve the larger community because the sustainability of the national economy is heavily influenced by the expediency principle. This study employs a legislative approach and a qualitative analytical method in its descriptive analysis. In this study, it is discussed how to supervise KLM, a cooperative legal organization, following the implementation of UUP2SK, as well as how to supervise savings and loan cooperatives following the passage of UUP2SK. Based on these issues, it is known that: (1) The emergence of Microfinance Institutions with the legal status of cooperatives makes it necessary to pay closer attention and distinguish between cooperatives that are open loop & close loop in order to prevent similar cases from spreading to the larger community; (2) OJK as the authority given the mandate by the UUP2SK to guide and supervise the business operations of Savings and Loans Cooperatives over When creating derivative regulations for additional measures for licensing, regulation, and supervision of Savings and Loans Cooperatives, the goal is to avoid being easily seduced by phony investments with high interest rates.

Антисемитская риторика иеромонаха Илиодора (Труфанова) как отражение кризиса Русской Православной Церкви в начале XX века

The article analyzes the anti-Semitic rhetoric of hieromonk Iliodor (Trufanov) as one of the most scandalous Clerical figures of the Russian Empire in the early XX century. The process of politicization of the Russian Orthodox Church for legitimizing power and serving the national ideology in the context of the Synodal crisis is reviewed. Many clergymen were the spiritual leaders of legal monarchical organizations and thus supported their national policies. The Jewish issue became a marker of the crisis of the Church. The views of hieromonk Heliodorus are the clear confirmation of this.

Importing Religion into Post-Communist Albania: Between Rights and Obligations

After the communist regime seized power in Albania in 1944, the vilification, humiliation, persecution and execution of clergy of all faiths, including Muslim, Roman Catholic and Eastern Orthodox, were conducted publicly. Religious estates were nationalized in 1946, and around the same time, religious institutions were closed or converted into warehouses, gymnasiums, workshops or cultural centers. In the communist constitution of 1976, Albania became the first constitutional atheist state in the world. In Article 37 of the Constitution was stated “the state does not recognize any religion”. Albanians were forced to deny their religion, change their belief system and adopt the new socialist way of life that praised secular gods such as the Communist Party and its leaders. The image of the party leader replaced religious icons. Young people were encouraged to follow worldly pursuits, including offering their life for communist deities. With the fall of communism, Albanian clerics and foreign missionaries encouraged the revival of religiosity in the country. Because in Albania, religious institutions and clergy did not exist for more than 3 decades, foreign actors played a major role in the return of religion to social life and among young people. Post-communist Albania represents a quintessential case study of importing religion into a formerly atheistic country that lacked qualified clergy, religious institutions and strong religious beliefs. In the permissive post-communist Albania, people, especially young people, attributed different meanings to religion and religiosity. Mere investigations and surveys of faith communities along traditional lines would fail to provide useful insights into the significant transformations that have impacted the religious field in Albania after the fall of the communist regime and the current challenges faced by new and “traditional” denominations. The post-communist religious context is dominated by two opposing currents: The first trend is marked by the legal organization of religious practice in the public space, which grants freedoms and equality to the “traditional” religions recognized by the state, but autonomous and independent from it. The other trend is shaped by the rituals and practices of believers from abroad who are pushing for the creation of new autonomous religious communities. This paper is not investigating religious “communitarianism” along traditional lines but rather examines salient religious identification and societal relationships and discusses their implications. This analysis rests on survey data and free-flowing and open-ended interviews conducted mainly with students of the Political Science Department of the University of Tirana and of the European University of Tirana, as well as research of different social networks. The article is divided into three parts, which present the following: literature insights, the historical background of Albania’s secularization and current religious trends and practices.

Supporting survivors of institutional child sexual abuse during the COVID‐19 pandemic: A qualitative study of not‐for‐profit community and legal organisations in Greater Western Sydney

AbstractBefore, during and since the Australian Royal Commission into Institutional Responses to Child Sexual Abuse (2013–2017), not‐for‐profit community and legal services have been critical in supporting survivors of institutional child sexual abuse. This qualitative study aimed to explore the perspectives of community and legal service practitioners operating in Greater Western Sydney regarding the ongoing impact of the COVID‐19 pandemic on the service system for survivors of institutional child sexual abuse. Semistructured interviews were conducted with 21 practitioners at 15 community and legal services. Through thematic analysis, the study identified five areas of concern regarding service provision and COVID‐19, including difficulties in navigating shifts to remote service delivery; changes in service accessibility; complications in accessing the National Redress Scheme; safety challenges for clients; and safety challenges for practitioners. The research identified a need for services to finesse frameworks that ensure remote services can be delivered safely for clients and practitioners alike. Priorities include adequate funding for technology and infrastructure, supporting survivors of abuse perpetrated online and encouraging effective coping strategies for practitioners who undertake trauma support work from home. Future research should consider how shifts to remote service delivery have impacted survivors of different demographic groups and the survivor support workforce.

Implications of the Limits for Filing a Lawsuit to the State Administrative Court: Upholding Legal Certainty or Injuring Human Rights?

The State Administrative Court (PTUN), which has the jurisdiction to study, decide, and settle issues in the area of State Administration, is one of the executors of judicial power for those seeking justice for state administrative conflicts. If a state administrative disagreement arises, a State Administrative Decision (KTUN), which is specific, unique, and final in character and has legal ramifications for the person or civil legal organization, will be issued by a state administrative agency or authority. The receiver who feels wronged may file a lawsuit with the Administrative Court within the grace period of 90 (ninety) days as specified in Article 55 of the Law if the KTUN is believed by the recipient to be against the laws and regulations as well as the principles of good governance (UU PTUN). The 90 (ninety) day deadline for filing a lawsuit with the Administrative Court, however, sparked controversy among the general population. This is demonstrated by the fact that the constitutionality of the requirements set forth in Article 55 of the Administrative Court Law governing the deadline for bringing a lawsuit with the Administrative Court has been challenged four times (four) before the Constitutional Court. It would harm human rights rather than serve its intended purpose of ensuring legal certainty and preserving political stability. Through this straightforward essay, the author hopes to clarify and advance comprehension of the State Administrative Court's lawsuit filing deadline, normative legal research techniques, library law research, and data collection techniques.

К вопросу о преобразовании теоретико-методологической основы правовой организации противодействия преступлениям в сфере экономики

At present, a problematic situation has arisen at the level of the theoretical and philosophical foundations of the legal organization of combating crime in general, and its economic segment, in particular. Within the framework of this article, the author tries to prove the need to create a fundamentally new conceptual apparatus for analyzing reality in the field of combating crime, restructuring the foundations of the criminal procedure system and creating a new legal organization for combating crime, primarily in the economic sphere. The model of this “mechanism” should not differ from the general legal organization of combating crime. As part of his research, the author tries to convince the professional community, using the example of combating economic crime, that this “legal organization” should be procedural and legal, and adversarial.

Bantuan Hukum “Pro Bono Publico” Dalam Pemenuhan Hak Memperoleh Keadilan Dan Persamaan Di Muka Hukum Di Provinsi Jawa Timur

Abstract. Law enforcement in Indonesia is complex and not easy. Since the Legal Aid Law was passed in 2011, various hopes have begun to emerge for the development of a legal aid system that can be accessed by all groups of society, especially the poor (poor). However, along the way, there are still many weaknesses and need significant improvement. Therefore the problem is how to implement the provision of free legal aid (pro bono publico) by the local government for the poor in East Java province; as well as how the coordination between the Regional Government of East Java Province and the Regional Office of the Ministry of Law and Human Rights of East Java as providers of legal aid in the regions. This research method uses a qualitative approach that is descriptive. Then carried out a qualitative analysis of the substance and context of the research from the aspect of human rights. The practice of providing legal aid to the poor in East Java Province is still experiencing obstacles, including the lack of socialization regarding the provision of legal aid to the poor, the minimal number of Legal Aid Organizations (OBH) in providing legal aid, the amount of legal aid costs is insufficient in the process at the trial, as well as administrative requirements related to the Certificate of Disability (SKTM) which was misused by several individuals and did not match its purpose.

Criminal Liability Towards Corporations Acting As Narcotics Traffickers In Indonesia

Corporate crime is often referred to as a crime committed by a legal entity or organization. Corporate involvement in criminal activity can enable criminal access to methods of production, storage, distribution, or trading. In the context of narcotics crime, corporations could play a significant role in the trafficking of narcotics through a variety of modus operandi including production, distribution, and sales to the general public. Therefore, corporation as a legal subject can be held accountable. This study uses a statutory approach and is normative (doctrinal). It solely employs secondary data and is processed qualitatively to describe facts, documents, information, and other data related to criminal liability for corporations as perpetrators of narcotics trafficking in Indonesia. The embodiment of criminal liability towards corporations as perpetrators of narcotics trafficking is regulated in several provisions, including Article 130 of Law No. 35 of 2009 concerning Narcotics as well as Articles 60 to 64 and Article 70 of Law No. 5 of 1997 concerning Psychotropics. The crime of narcotics distribution through corporation involves businesses or legal entities such as hospitals, health clinics, pharmacies and others. Revocation of business licenses can be used as punishment for those companies, while the management may also face further legal repercussions.

Using a trauma-informed practice framework to operationalise the #raisetheage campaign

ABSTRACT #raisetheage is a campaign by a ‘coalition of legal, medical and social justice organisations’ in Australia that aims to raise the age of criminal responsibility from 10 to 14 years (Raise the Age, n.d). The #raisetheage campaign aims to reduce the number of children who are criminalised, reduce the number of children who are detained in custody and break the continuum of involvement between child protection, youth justice and the adult justice systems. The #raisetheage campaign is almost universally supported in principle with most opposition focused on the challenges of implementation, to keep children and the community safe. The SAMHSA (2014) 4Rs model, a trauma-informed practice framework, can assist the #raisetheage campaign by providing a way forward. Most children caught up in the youth justice system have been exposed to multiple and chronic adverse childhood experiences (ACEs), resulting in trauma. Trauma is the deleterious impact of adversity on a person’s social and emotional wellbeing and may be exacerbated when children are criminalised and locked up. This paper argues that using trauma-informed practice can operationalise the aims of the #raisetheage campaign by reducing developmental trauma, youth crime and the incarceration of children.

Mesothelioma patient and carer experience research: A research prioritisation exercise.

Incidence of mesothelioma worldwide is growing and the UK reports the highest global incidence. Mesothelioma is an incurable cancer with a high symptom burden. However, it is under researched when compared to other cancers. The aim of this exercise was to identify unanswered questions about the mesothelioma patient and carer experience in the UK and to prioritise research areas of most importance through consultation with patients, carers and professionals. A virtual Research Prioritisation Exercise was conducted. This involved a review of mesothelioma patient and carer experience literature to identify research gaps and a national online survey to identify and rank research gaps. Following this, a modified consensus method with mesothelioma experts (patients, carers and professionals from healthcare, legal, academic and volunteer organisations) was undertaken to reach a consensus regarding mesothelioma patient and carer experience research priorities. Survey responses were received from 150 patients, carers and professionals and 29 research priorities were identified. During consensus meetings, 16 experts refined these into a list of 11 key priorities. The five most urgent priorities were symptom management, receiving a mesothelioma diagnosis, palliative and end of life care, treatment experiences, barriers and facilitators to joined up service provision. This novel priority setting exercise will shape the national research agenda, contribute knowledge to inform nursing and wider clinical practice and ultimately improve the experiences of mesothelioma patients and carers.

Bazeon Center appoints new legal director

The Judge David L. Bazelon Center for Mental Health Law, a national legal advocacy organization advancing the rights of people with mental disabilities, on March 28 announced the appointment of Megan Schuller as the organization's new legal director, according to a news release. Ira Burnim, the Bazelon Center's longtime legal director, will remain on staff as a senior counsel. Schuller joins the Bazelon Center from the Civil Rights Division of the U.S. Department of Justice, where she spent over a decade focused on disability rights, systemic reform of public service systems and high‐impact litigation. Throughout her successful career, the majority of Schuller's cases involved discrimination against people with mental disabilities, Bazelon stated. She also served as a special assistant U.S. Attorney in the District of Columbia.

Strategic Adaptation in a Crisis: Treatment Court Responses to COVID-19

This article draws on a case study of how Massachusetts treatment courts responded to the COVID-19 pandemic to address two intersecting theoretical and policy questions: (1) How do actors who work within criminal legal organizations use the law to solve complex social and political problems? (2) How do organizations working within multiple, fragmented organizational fields respond to an exogenous shock? The findings draw on interviews with eighty-four treatment court judges and practitioners and build from neo-institutional approaches to the study of courts to show that legal actors and organizations pursue pragmatic approaches, strategically adapting to their external environments through buffering, which is protective, and innovation, which is transformative. Each strategy reflects the courts’ autonomy or dependence on other organizations in the criminal legal and social service fields. The findings also provide insight into the social process of legitimation as personnel aligned beliefs with adaptation strategies, shifting understandings of surveillance practices and the utility of sanctions to meet overall court goals.

IMPLEMENTATION OF THE RIGHT TO OBTAIN LEGAL ASSISTANCE FOR POOR CITIZENS AT THE INVESTIGATION STAGE

Legal Aid is a right owned by a suspect/defendant to assist the suspect/defendant at various stages of the ongoing trial process. Investigators at this stage of the investigation process are required to give suspects the right to be accompanied by legal advisers regardless of the economic status of the suspect so that during the investigation process, the suspect becomes a subject and not an object and is treated equally before the law without discriminating between economic status. The problem in this article is implementing the right to legal Aid for the poor at the investigation stage and what funds are the inhibiting factors in implementing the right to legal Aid for the poor at the investigation stage. The method used in this study uses an empirical normative method with a statute approach. The results and discussion in this study indicate that several efforts are needed to increase effectiveness, including throwing the quality of advocate human resources, signing a joint commitment/agreement between law enforcement officials regarding the implementation of the provision of legal Aid, giving strict rewards and punishments to Legal Aid Organizations.

Radical Defence: The American Committee for Protection of Foreign Born and the Movement for Deportation Resistance and Immigrants’ Rights

Abstract The American Committee for Protection of Foreign Born was a Communist-affiliated legal advocacy organisation that operated from the 1930s through to the 1970s, that witnessed several periods of ideological and social change in immigration policy and politics. As a radical campaign group, it developed as an outgrowth of the twentieth-century American left, and created a distinct platform devoted explicitly to defending the rights of immigrants. Using the courts, popular protest, policy advocacy and other innovative campaign strategies, the group and its regional affiliates, along with allied leftist organisations, pioneered a framework of constitutional rights and legal protections for the immigrants who were persecuted and threatened with deportation due to their links to the labour left. During the early Cold War, their work defending foreign-born radicals against deportation gradually expanded to include other immigrant communities, and to broach broader issues of civil and human rights.

Sharia and Criminal Liability Arising from the Emerging Corona virus (A Comparative Study)


 
 
 
 Legal systems, authorities and organizations of all kinds, and their tendencies, have tended to strive towards the issuance of preventive and legal and criminal provisions related to the serious epidemic that has swept the world and called the Coronavirus (COVID-19 TEST) .The emerging, and the serious and contagious disease in an unprecedented speed in an unprecedented manner over the successive periods of Times through the ages and history.
 Likewise, the developed countries in the world did not stand in front of him, starting with China, which started the disease first, then Iran, and other developed countries (France, Italy, Britain, Spain, Germany, and the United States of America) and lately the developed and Arab countries. Accordingly, a legal and criminal responsibility of individuals and authorities must be explained. In what case is the legal and criminal responsibility of individuals, and when it becomes shared.
 
 
 

The Role of Technology in the COVID-19 Pandemic Era: A lesson learned from Indonesia in Increasing Access to Legal Aid

The COVID-19 Pandemic has increased the prevalence of legal problems, such as criminality, massive unemployment, domestic violence, and inequality in society. This condition further causes legal aid services to be progressively needed. Meanwhile, many people still do not know about free legal assistance from the Government through legal aid organizations or lawyers through pro bono legal services. Moreover, the global policy encouraging social and physical distancing makes it difficult for people to access the legal aid service provider office directly. Therefore, an accessible and comprehensive platform that provides information and free legal aid services is very much needed in this COVID-19 situation for justice seekers—as internet use is growingly massive during the pandemic. This article shows why and how technology expands access to legal Aid, explained through interviews with legal aid providers and desk review. With the Indonesian case, this study argues that optimizing technology's role does not necessarily involve creating a massive and complicated technological system but rather ensuring the current or existing platform can fulfill justice seeker needs and be inclusively accessible to vulnerable groups. Legal needs assessment and a multistakeholder approach must be encouraged sustainably to ensure the platform can achieve those goals.
 Keywords: Access to Justice, Covid-19 pandemic, Free Legal Aid, Technology, Vulnerable Groups.

The Lethal and Sub-Lethal Effects of Fluorinated and Copper-Based Pesticides-A Review.

In recent decades, pollution levels have increased, mainly as a result of the intensive anthropogenic activities such industrial development, intensive agricultural practices, among others. The impact of metals and organic contaminants is, nowadays, a great concern to the scientific and political communities. Copper compounds are the main sold pesticides in Europe, as well as herbicides, including glyphosate. Diphenyl ethers are the second ones most sold. Glyphosate and copper compounds are intensively studied, but the opposite is seen in the case of diphenyl ethers, including fluorinated pesticides (e.g., oxyfluorfen). Some research has been performed to increase the knowledge about these contaminants, daily inputted on the aquatic systems and with dangerous effects at physical and biochemical levels on the organisms. A wide range of biomarkers (e.g., growth, survival, reproductive success, enzymatic activity, lipid metabolism) has been applied to determine the potential effects in many species. This review intends to: (a) perform a compilation of the knowledge in previous research about the action mode of organic (fluorinated-based herbicide) and inorganic (copper-based pesticides) contaminants; (b) carry out an information survey about the lethal and sub-lethal effects of the fluorinated-based pesticides, namely the oxyfluorfen and the copper-based pesticides, on aquatic species from different trophic levels, according to in vitro and in vivo studies; (c) understand the impact of oxyfluorfen and copper-based pesticides, considering their effects reported in in vitro studies and, simultaneously, the authorized concentrations by legal organizations and the effective concentrations of each pollutant found in the environment. The literature analyzed revealed noxious effects of Cu and oxyfluorfen to aquatic organisms, including freshwater and marine species, even when exposed to the reference as well as to environmental concentrations, thus highlighting the importance of more monitoring and ecotoxicological studies, to chemical pollutants and different species from different ecological niches, to sustain and improve the legislation.

Legal Regulation and Organisation of Control and Supervision Activity: New Methodological Horizons for a New Discipline

Actual problems of legal regulation and organisation of control and supervisory activity: Textbook [Aktualnie problemy pravovogo regulirovaniya i organizatsii kontrolnonadzornoi deyatelnosti: Uchebnik]. Team of authors; under general editorship of A. I. Zemlin. Moscow, KnoRus publ., 2023, 592 p. ISBN 978-5-406-10620-4.The article is a review of the textbook «Actual problems of legal regulation and organisation of control and supervisory activity: Textbook» intended for students of transport universities studying in master’s programs. The textbook was prepared by the staff of the Department of Transport Law of the Law Institute of the Russian University of Transport under the general editorship of the Honoured Scientist of the Russian Federation, D.Sc. (Law), Professor Alexander I. Zemlin. The review highlights the relevance of the topics included in the content of the textbook, the breadth of their coverage, which allows for a complete and comprehensive mastering of the didactic material, the depth of the scientific approach demonstrated by the authors in the process of working on the publication, the practical significance and potential relevance of the textbook. The sufficiency of the material presented in the textbook is especially significant for both the students of transport educational organisations and acting inspectors of Federal Service for Supervision of Transport (Rostransnadzor) from the point of view of development of professional competencies, which are necessary for successful fulfilment of their official duties in conformity with the provisions of the Federal Law dated July 31, 2020, No. 248-FZ «On State Control (Supervision) and Municipal Control in the Russian Federation» valid from July 1, 2021.The textbook is recommended as main educational literature for training of master’s students in Jurisprudence and for inspectors of Rostransnadzor attending the programs of additional professional education «Legal provisions and organisation of control and supervision activity in transport industry» and «Organisational and legal foundations of control and supervision activity in transport industry». When preparing the textbook, reference legal systems «GARANT» and «ConsultantPlus» were used, the validity of laws is as of March 1, 2022.

The Responsibility of Social Welfare Institutions in the Implementation of Collecting Money or Goods in the Digital Era

ABSTRACT The implementation of the collection of money or goods is carried out by the community through legal entity social organizations, consisting of associations or foundations. The organization of the collection of money or goods must be obtained a permit from the minister who organizes government affairs in the social sector, governor, or regent/mayor in accordance with their authorities, with the requirements, including that they must attach a registration document of a social welfare institution. In this digital era, the implementation of money or goods collection is mostly performed through digital applications, electronic money services, and social media. In order to organize the collection of money or goods, the licensed organizer is obliged to provide a report along with the progress report. Furthermore, the monitoring process is carried out by the government's internal supervisory officers, the curbing task force, and the community. The normative juridical method is used in this research, with a statutory approach based on secondary data obtained through document studies. Then, it would be analyzed using deductive logic. The legal issues in this research are: First, how is the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era. Second, why is it necessary to supervise the implementation of money or goods collection carried out by social welfare institutions in the digital era. From this research, the writer expects to obtain a formulation of norms that can provide legal knowledge about the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era.

"THE IMAGE OF AN EDUCATIONAL INSTITUTION: WEST UNIVERSITY OF TIMISOARA "

The goal of this paper is to analyse the image, a public relation perspective, of an educational institution - West University of Timisoara. The image concept is a key concept in public relations and the sociology of mass communication. The image of an organization is based on creating elements that characterize identity that gives the uniqueness factor. These are the goals, objectives, structure, the staff and organizational culture and their translation into the external environment. The external environment is the general public, clients/customers, suppliers, partners, and not least by the media (Vid 2016, p.29). The image is the representation: “which was formed as a sum of beliefs, attitudes, opinions, prejudices, experiences and expectations to groups of people or within the public opinion on a natural or legal person, institution or organization” (Iorgu 2011). According to Roger Mucchielli picture is “a representation or an idea which is formed by individuals of an environment or of a segment of the public – due to reception of information about a social object. In the image case, it is about an opinion or an attitude whose roots are mostly irrational” (Iorgu 2011). We analyse the current image of West University of Timisoara. The overall objective of the analysis is to identify all the instruments that UVT uses to communicate with its public. The adequate tools for studying such an approach are the following: observation and content analysis.