Legal Perspective Research Articles

The Evaluation of the Protection of Mineworkers in the Workplace: An Investigative Legal Perspective

The Evaluation of the Protection of Mineworkers in the Workplace: An Investigative Legal Perspective

Violation of the Prudential Principle in Cooperative Credit Granting

This research examines the violation of the prudential principle in credit granting by cooperatives from a normative legal perspective. The research aims to analyze the legal framework governing the prudential principle in cooperative credit granting, identify common forms of violations, and formulate legal implications and recommendations to strengthen the application of this principle. The research method used is normative juridical with statutory and conceptual approaches. The results show that although regulations governing the prudential principle in cooperative credit granting exist, their implementation still faces significant challenges. Common forms of violations include negligence in credit analysis, weak monitoring systems, and conflicts of interest in decision-making. The legal implications of these violations range from administrative sanctions to criminal charges for involved cooperative officials. This research recommends strengthening the regulatory framework, enhancing supervisory capacity, and reforming cooperative governance to prevent future violations of the prudential principle. In conclusion, enforcing the prudential principle in cooperative credit granting requires a comprehensive approach involving regulatory reform, institutional strengthening, and increasing legal awareness among cooperative actors.

Polygamy among Muallaf in Manado: Islamic Legal Perspectives and Social Challenges

The practice of polygamy is often a controversial topic and raises questions about religious and cultural identity. Although Islamic law permits polygamy under certain conditions, how this is understood and applied by the convert community in a Christian setting is complex. This study explores the dynamics of polygamy among converts (Muallaf) in the multicultural environment of Manado, Indonesia, from the perspective of Islam and society. Using an empirical normative approach, the study involved 35 informants, consisting of 25 Muallaf who were married in Islam and ten who were engaged in polygamous marriages. Data was collected through in-depth interviews, and the analysis identified common patterns and significant findings, focusing on factors influencing attitudes towards polygamy. The results revealed differences in views among Muallaf regarding polygamy; some accept this practice as part of Islamic teachings, while others reject it as contrary to their previous values. Factors such as religious interpretation, pre-conversion values, and legal and social barriers affected their attitudes toward polygamy. The problematic legal hurdles of obtaining polygamy permits in court highlight additional challenges in implementing this practice in Manado. Nevertheless, polygamy remains a controversial issue in this predominantly Christian society, reflecting the complexity of the interaction between religion and culture. This research provides important insights into how polygamy is perceived and practiced in multicultural environments and the challenges Muallaf faces in understanding and applying Islamic law in their social contexts.

The Concept of the Enterprise in the Algerian Competition Law (Between the Legal and Economic Concept)

In the context of competition law, the concept of an enterprise includes any entity engaged in economic activity, irrespective of the legal status of that entity and how it is financed. From this definition of the company, we can see its characteristics, which are essentially the economic activity of this entity on the one hand and its legal independence on the other. Any conduct in the market can only be considered if the undertaking concerned carries out an economic activity, i.e., an activity of production, distribution or import and export. It must also be independent of other companies in the same market. In other words, each company must be in a position to compete with the other to create perfect competition in the market. Therefore, competition law prohibits anti-competitive practices only if economic and independent entities commit them. Through this study, we will highlight the concept of the institution in competition law, whether from a legal or economic perspective, and we will learn about the conditions for applying competition rules to the institution as a key element in the market.

Cloud services: market reflection and a growth story

In 2023, the CMA commenced a market investigation into the cloud services market following a market study by Ofcom that identified initial concerns. The UK cloud services market is growing as new customers enter the market, and existing customers increase workloads. In a growing market, competition concerns could either be resolved as the market grows, or become more entrenched. Intervention may only be required if new demand is not sufficiently contestable to drive competition. The question is therefore, how can a competition authority effectively address competition concerns within a growing market? From an economic and legal perspective, this article examines each of the CMA’s theories of harms through the lens of a nascent market; it highlights the difference in responses of companies and notes the CMA’s emerging findings. It concludes that the CMA’s market investigation, and any possible remedies, should consider the nascency of the market and inputs from market participants, to ensure that intervention, if required, does not stifle current competition for new demand.

Achieving Transparency in the Data Broker Industry: A Legal Perspective on Regaining Control under the DPDP Act, 2023

Achieving Transparency in the Data Broker Industry: A Legal Perspective on Regaining Control under the DPDP Act, 2023

Legal Protection and Justice for Franchise Business Operators from an Islamic Law Perspective

This study discusses strategies to enhance the economic well-being of the community through engagement in entrepreneurship, especially through the franchise business model. Franchising is a marketing strategy for rapidly expanding businesses through the concept of cooperation. Legal protection for franchise business operators is crucial in maintaining a balance between the parties involved. Although there are no specific verses about franchising in the Quran, the principles of business ethics, justice, and compliance with Islamic law are essential foundations that should be applied in all forms of business transactions, including franchising. This study uses an empirical juridical legal approach to explore the concept of franchising, Islamic legal principles, and the impact of legal protection on franchise business operators. The results of this research are expected to make a significant contribution to advancing the legal discourse related to franchise business and Islamic law in Indonesia.Legal protection helps franchise business operators manage risks and conduct business in accordance with the principles of justice and business ethics, from both Islamic and general legal perspectives. Islamic and general law play a crucial role in shaping a fair, orderly, and sustainable franchise business environment. With a clear and consistent framework, franchise business operators can focus on the development and growth of their businesses. Thus, legal protection serves as a strong foundation for sustainable franchise business growth in Indonesia and makes a positive contribution to the economy and society as a whole. Franchise businesses can be a suitable form of enterprise that aligns with the values and principles of Islamic economics, providing a positive contribution to the economy and society overall.

Legal Perspectives on New Urban Quarters in Germany: Living the Dream of the Compact City?

The ‘leitmotif’ of the compact city has become a widely embraced template for sustainable urban development. Particularly infill and redevelopment areas, as well as many planned new settlements, have been built following the planning principles of urban compaction. Numerous positive effects are attributed to high-density settlements such as more efficient use of infrastructure and less reliance on automobile travel. Planning law and policies, in Germany as well as other countries around the world, regularly strive to advance high-density developments, but it is by no means clear whether the prescribed densities in planning policies actually lead to vibrant and healthy places which fulfill the expectations of their inhabitants with regards to their quality of life. The study aims to analyze the relation between binding land-use plans in Germany and individual perceptions of urban density through a case study-based survey. This paper contributes to providing new information on achieving compact urban form and quality of life in new urban quarters by analyzing the change of densities over the past three decades in ‘large’ urban developments across Germany, by an in-depth assessment of planned and built densities within an archetypal urban extension and finally by contrasting these ‘objective’ figures and findings with the ‘subjective’ feelings of inhabitants. For sources of information, this paper draws from literature, surveys and empirical analyses as well as desktop-studies.

Healthcare Access and Financing: A Legal and Public Health Perspective

The welfare provisions of the current Constitution centre on healthcare. The Indian Constitution's Article 42 declares that the state has an obligation to take all reasonable steps to promote public health. Additionally, Article 47 of the Indian Constitution, another article containing Directive Principles of State Policy, mandates that the state carry out its primary duties to improve public health by raising the standard of living, improving nutrition, and improving public health. In particular, the state must work to outlaw the use of drugs and alcohol, unless prescribed, as these substances are harmful to health. It follows that welfare regulations clearly place an obligation on the state to increase its assistance in promoting the health of those individuals who are unable to pay for the expensive medical care needed to treat their illnesses. In light of the urgency and importance of the issue, the World Health Organisation designated Universal Health Coverage (UHC) as its top goal. Ensuring that everyone has access to necessary health services of adequate quality and is shielded from the financial burden of medical expenses is the goal of universal health coverage. In underdeveloped nations, financial security against medical expenses is just as important as access to healthcare.

Traumatic Dental Injuries among Adolescents and Young Adults in Iași, Romania: Legal and Medical Perspectives.

This study aims to assess the etiology, frequency, and localization of dental and periodontal trauma in adolescents and young adults, along with these individuals' predisposition based on age, gender, and residence. Materials and Methods This retrospective study included 109 adolescents and young adults from a database of the Emergency and Oral and Maxillofacial Surgery department at "Sf. Spiridon" Hospital, Iasi, Romania. The collected data included demographic details, mechanisms of dental and periodontal trauma, treatment approaches, and clinical outcomes. Statistical analysis was performed using SPSS 26.0, with comparisons based on age, gender, and residence. Enamel fractures (23.9%) and enamel-dentin fractures without pulp exposure (20.2%) were the most frequent dental injuries. Concussion (58.7%), subluxation (21.1%), luxation, avulsion (7.3%), and extrusion (5.5%) were common periodontal injuries. The anterior region of the dental arch accounted for the majority (60.6%) of injuries. Adolescents under 17 years were more prone to enamel-dentin fractures without pulp exposure (23.8%), enamel-dentin fractures with pulp exposure (20.6%), and root fractures (20.6%), while young adults over 18 years had a higher incidence of enamel fractures (32.6%) and crown-root fractures (30.4%). Falls (66.7%) were the predominant cause of trauma for female patients, whereas male patients were more often injured during sports activities (49.3%). The younger age group was 0.29 times more likely to sustain enamel-dentin fractures without pulp exposure (p = 0.049, OR = 0.291) and root fractures (p = 0.047, OR = 0.241). Traumatic dental injuries are more prevalent in young adults compared to adolescents, with falls and sports activities being the most common causes, particularly among males. These findings emphasize the need for targeted preventive programs aimed at reducing the incidence of dento-periodontal trauma in these age groups.

Narrativity and the Idea of Narrative Identity in Law

Abstract How can an extension of the legal perspective with the idea of narrative unity be presented using the law and literature movement? Considering law as a complex semiotic object that is a product (and carrier) of culture makes it possible to see elements of narrativity from a theoretical and legal perspective. This is a significant phenomenon, especially aft er the cultural turn in the humanities. This article presents a problematisation of narrativity in legal discourse and the theory of law. As is well known, the theory of narration and the concept of narrativity have been widely used in the humanities, mainly in literary theory. I propose extending the narrative perspective to law by showing what research directions can be observed when using the concept of narration in the ethical and aesthetic dimensions of law. Finally, I discuss the thesis of narrative identity in relation to law. I adopt the perspective of examining law in the light of literary analysis.

IEEE Robotics and Automation Magazine Call for Papers Special Issue on Robot Ethics Ethical, Legal and User Perspectives in the Development and Application of Robotics and Automation

IEEE Robotics and Automation Magazine Call for Papers Special Issue on Robot Ethics Ethical, Legal and User Perspectives in the Development and Application of Robotics and Automation

The phenomenon of suicide considered from criminological, sociological and legal perspectives. Case study – Warmia and Mazury Voivodship

Aim: The aim of the study is to characterise the phenomenon of suicide and to carry out a comprehensive analysis of the phenomenon, reaching to its aetiology, characterising its symptomatic forms, confronting it with the norms of Polish criminal law and assessing the symptomological tendencies in the area in question. Method: the point of reference for the study is suicides committed or attempted in the area of the selected territorial unit in Poland. Warmińsko-Mazurskie Voivodeship is a specific region in the context of the whole country. First of all, the Second World War interrupted the relay of generations. The population is largely made up of displaced persons from the east. This community had to forge new interpersonal bonds and create cultural resources from scratch. In addition, the region was hit by high unemployment and a phenomenon of social pauperisation during the political transformation of the 1990s. From a psychological point of view, many suicidogenic factors have accumulated in the region. In terms of police services, the area is under the jurisdiction of the Regional Police Headquarters in Olsztyn. The chosen aim of the research and the research problems determined the choice of methods. The multifaceted nature of the studied phenomenon required the use of several complementary research methods, such as: the formal-dogmatic method, the historical-legal method and the comparative method. The following considerations are also based on the analysis of statistical data on the research subject. Results: Analysing the phenomenon in question, it was found that the approach to it was and still is conditioned by historical, civilisational circumstances. It is also reflected in legal codifications, in which the legislator departs from punishing potential suicides. At the same time, when considering the phenomenon on a regional scale, no significant deviations from the general trends are noticeable. However, taking into account the social territorial dissimilarity, the local specificity should be taken into account in the creation of support for persons at risk of various dysfunctions that may be the cause of suicide. Theoretical implications (if applicable): not applicable. Practical implications (if applicable): The presented analysis of the phenomenon in a regional context will undoubtedly contribute to further research on suicidal behaviour. The local perspective of the article fosters a comprehensive understanding of the factors influencing the decision to take one's own life. Thus, it may influence the creation of a system of support for people in this regard, taking into account the specifics of the region and social problems resulting from economic and living relations. Originality/value: the article integrates contemporary knowledge on the symtomology, phenomenology of suicide, allows to identify the main causes of this phenomenon and characterises the legislation in this field. The following article analyses the phenomenon of suicide on a regional scale. The local perspective makes it possible to know in more detail the problems causing negative social behaviour. At the same time, it adequately identifies the problems oscillating around the phenomenon in question. It can be a useful tool for researchers and decision-makers looking for answers to questions in this area and indicate directions for the development of social policy instruments in this area. Research limitations/ Future research: The phenomenon of self-harm is a very interesting process or moment in the life of the person who commits it. Although suicide has received a great deal of attention in the specialist literature, it still remains completely unexplored. The phenomenon itself touches the realm of the mysterious on the borderline between life and death. Hence the interest in it by many scientific disciplines. In statistical terms, the Polish Police collect detailed data on suicides. Research limitations in this area result from ethical and moral aspects of the issue, the lack of direct contact with the suicide's environment. The research results themselves are socially internalised and significantly influence the perception of reality. Technically, the use of research is not always morally acceptable. At the same time, research fulfils social needs and expectations for the creation of instruments to prevent suicide attacks.

Farmers and their data: Evaluating the swiss conception of data sharing through the lens of digital farming

Digitalisation has changed agricultural production and will continue to do so. Although digital technology promises to increase the efficiency, productivity and environmental friendliness of agriculture while improving the work-life balance of farmers, new digital farming technologies come with potential negatives, such as privacy and security concerns. In recognition of that fact data is a fundamental part of digital adoption in the agricultural sector, this article analyses Swiss farmers perceptions of data sharing. We apply the Responsible Research on Innovation (RRI) approach to anticipate and discuss farmers' legal and political perspectives on agricultural data and data sharing. These form the foundation of and thus the key to digitalisation in agriculture. Based on a review of the literature and two exploratory interviews on the broader regulatory context of data sharing, Swiss data regulation and management were included as background to this work. This paper, further explores in detail the relationship between farmers' attitudes towards data sharing and their relatively low adoption of digital technologies. Such an analysis is valuable as it provides us with the farmers' perspective on data use and regulations in Switzerland which, though not an EU country, has its own high data-protection standards. More specifically, we assessed Swiss farmers’ perceptions of agricultural data sharing with public and private entities and placed these perceptions within the broader Swiss framework for data regulation. This was accomplished by a survey of 939 randomly selected farmers in the German- and French-speaking parts of Switzerland. From the Swiss farming perspective, we discuss how innovation can respond to societal needs. We conclude that the concerns, risks and vulnerabilities that Swiss famers are currently experiencing with regard to their farm data need to be addressed through a broader regulatory reform of Swiss agricultural data protection if digital farming is to achieve its full potential in Switzerland.

Whether Wrongful Death from Law and Economics View Could Satisfy Pareto Efficiency Criterion under US Law

The development of economics has had a significant impact on the research of legal scholars, as analyzing legal principles from an economic perspective has become increasingly prevalent. It also has particularly influenced the field of tort law. Supporters of the economic analysis of tort law argue that it should be as efficient as possible in balancing the rights and duties between tortfeasors and victims. This essay provides a brief discussion of wrongful death from a legal and economic perspective. It begins with an introduction to traditional tort law and its elements, followed by an examination of the economic theory regarding compensation for wrongful death. The essay then explores whether the wrongful death rule could satisfy the Pareto Efficiency Criterion, which is a fundamental concept in welfare economics that evaluates the desirability of a change in allocation based on the principle that no individual should be made worse off. By applying an economic lens to the analysis of wrongful death cases, this essay aims to contribute to the ongoing dialogue between law and economics and to shed light on how economic principles can inform and potentially enhance the understanding and application of tort law.

ANALISIS PUTUSAN NOMOR 9/PID.SUS-ANAK/2023/PN.JKT.BRT TENTANG DAKWAAN PIDANA PERSETUBUHAN OLEH ANAK TERHADAP ANAK

Sexual intercourse with children is an act that occurs quite often in Indonesia today. This incident continues to increase over time, so it needs special attention from a legal perspective in Indonesia. The problem formulation of charges existence against the crime of sexual intercourse with children must be handled carefully and thoroughly by implementing applicable laws in order to get a fair decision. So the purpose of this study is to analyze the decision number 9 / pid.sus-anak / 2023 / pn, jkt.brt concerning the criminal charge of sexual intercourse by children against children. This analysis was carried out using the normative legal method with an analytical descriptive approach. The results and conclusions obtained in the decision Number 9 / Pid.SusAnak / 2023 / PN.Jkt.Brt, the Public Prosecutor filed an alternative charge against Children in Conflict with the Law using Article 81 paragraph (2) as the First Charge and Article 82 paragraph (1) Jo. Article 76E as the Second Charge. The appropriate article to be charged with ABH is Article 81 paragraph (1) which clearly describes the rule that everyone is prohibited from committing violence or threats of violence and forcing a child to have sexual intercourse with another person.

Critical Examination of Emerging Issues in Refugee Protection: A Transnational Legal Perspective

This research critically examines contemporary challenges in protecting the rights of refugees, focusing on climate-induced displacement and the impact of technology on migration patterns. It identifies significant gaps in current legal frameworks, particularly in their ability to address the transboundary nature of modern displacement. The research highlights the limitations of existing conventions and the need for a more adaptable, transnational legal approach. Key recommendations include expanding the definition of persecution, integrating technology safeguards, and fostering global responsibility-sharing mechanisms. These proposals aim to enhance refugee protection and ensure that legal frameworks remain responsive to the evolving challenges of the 21st century.

Study of Environmental Preservation Law From an Islamic Legal Perspective

Study of Environmental Preservation Law From an Islamic Legal Perspective

The Women’s Leadership: Orientation from a Legal and Islamic Sharia Perspective

Women’s leadership in the political dimension is an interesting study because even though Indonesia has substantially regulated women’s leadership, in practice women’s leadership has not been implemented optimally. This research aims to answer two legal issues, namely the legal political orientation related to women’s leadership in politics in Indonesia, as well as the perspective of Islamic law related to women’s leadership in politics in Indonesia. This research is normative legal research with a conceptual and statutory approach. The research results confirm that the problems regarding legal politics for women to hold political positions are more related to aspects of legal culture and collective understanding of society. This emphasizes that legal politics related to the role and orientation of women’s leadership in the world of politics must receive optimal understanding and awareness in society so that women get more portions and roles to occupy political positions in proportion to men’s political leadership. Apart from that, from the perspective of Islamic Sharia regarding women’s leadership in politics in Indonesia, there is actually no definite prohibition (qath’i) that prohibits women from becoming political leaders. Therefore, referring to the Maqashid Asy-Syariah aspect, it refers to the development of time and culture, especially when women also have the same opportunities to receive education so that they have the same potential to become political leaders as men.

Computational Methods for Improving the Observability of Platform-Based Advertising

The advertising ecosystem has been progressively reshaped by computational advertising models facilitated and controlled by digital media platforms. Meta and Alphabet, two of the dominant players in this ecosystem, have contributed significantly to industry disintermediation via the design and market dominance of their advertising systems, which in turn are symbiotic with their own business models, and feed on large amounts of consumer data generated by everyday platform use. The operations and impacts of these systems remain opaque and difficult to observe. Responding to this challenge, we present a methodological framework integrating cultural, legal, media, and computational perspectives to enable the observation of computational advertising. This methodology comprises three novel computational methods: direct data gathering from ad transparency libraries; automated data donation via participatory citizen science browser plug-ins; and a privacy-aware mobile screen capture app. We describe how our suite of computational approaches enables scalable and participant-situated research, overcoming limitations posed by restricted platform access to computational advertising data. Ethical considerations and practical implications are discussed alongside case study findings, further demonstrating the potential for these methods to inform regulatory debates and scholarly advancements in the field.