Legal Point Of View Research Articles

Polymerase chain reaction: a powerful analytical tool in the field of food safety

Abstract The polymerase chain reaction (PCR) is the canonical DNA analysis technique that has enabled the understanding of the complexity of organisms and significantly advanced achievements in the field of biological sciences. Today, the method is still widely used in basic science research, but PCR-based diagnostics are becoming increasingly important in industries such as food and agriculture. This method provides high sensitivity because it requires trace amounts of template DNA to generate enough copies for detection. Using primers specific to the DNA sequence ensures the high specificity of the test. The advantages of the method are time – and cost-effectiveness and reproducibility. PCR-based techniques have found favor in areas where food traceability is important, whether from an economic, legal, health, or religious-cultural point of view. This review outlines the most important aspects in which the PCR method has been successfully applied, namely in the protection of human health by enabling the identification of foodborne pathogens or allergens. Furthermore, the use of PCR in the so-called green criminology, a branch that deals with tracking illegal practices such as food adulteration, compliance with the labeling rules, and detection of food products containing GMO material or other undeclared food ingredients, was also described.

Studi Perbandingan Hukum Sistem Transaksi Tol Nontunai Nirsentuh di Indonesia

The number of vehicles passing through the toll road is increasing, causing traffic jams on the toll road. In spirit of improving the efficiency and effectiveness of toll roads, it is necessary to develop a technology in cashless payment system with contactless-based technology to support the implementation of payment integration, eliminate congestion, and distribute traffic volume within toll roads. There were many countries that already implemented this contactless cashless toll payment system. The main objective in this journal is to describe the implementation of contactless cashless toll payment system in Taiwan and Turkey, in relation to the plan of implementing multilane free flow system in Indonesia, aiming to gather the information on how the implementation of multilane free flow system could be applied in Indonesia. The research method used in this journal is doctrinal research. However, there are several similarities or even dissimilarities between the implementation of the multilane free flow system in Taiwan, Turkey compared to the implementation plan in indonesia. Therefore, from a legal point of view, a strong legal basis is urgently needed at first, to adapt this payment system in Indonesia.

UTILIZATION OF COASTAL AREAS AND SMALL ISLANDS

Indonesia, as an archipelagic country with tens of thousands of islands and thousands of peer areas, should be our country can take advantage of the great gift of this condition. Our constitution shows that we must use natural resources for the most excellent welfare of society. However, at this time, it is inversely proportional to what we expect; regulation after regulation, we strive in the Management of these natural conditions, which, until now, the state of our country is just like that. So, the purpose of this writing is to discuss the view of the law as a legal norm in the Implementation of the management of coastal areas and small islands and what opportunities can be utilized by communities around coastal areas and small islands in their economic development and the sustainability of nature itself. The methodology we use is a normative juridical method; we want to discuss from a legal point of view how the rules apply and from some reliable literature that discusses the management and utilization of coastal areas and small islands.

Criminological portrait of the identity of the bribe-taker serving in the internal affairs bodies

The object of the study is employees of the internal affairs bodies who commit a crime under Article 290 of the Criminal Code of the Russian Federation "Receiving a bribe". The author considers the concept of "personality" not only from the point of view of criminology, but also sociology, psychology, which allows to characterize the personality of a criminal not only from a legal point of view. The author examines the characteristics of the criminal's personality, studied by criminologists, as well as the characteristics that the author identifies based on the analysis of existing judicial practice. Special attention in the course of the study is paid to the identification of those characteristics that are inherent in an employee of the internal affairs bodies, as a special subject of the crime under consideration. The main contribution of the research conducted by the author is the compilation of a criminological portrait of the personality of a criminal - an employee of the internal affairs bodies committing a crime under Article 290 of the Criminal Code of the Russian Federation "Receiving a bribe". The criminological portrait of the criminal's personality is based on empirical data obtained by studying criminal cases in the district courts of the city of St. Petersburg, as well as other regions (using the electronic system of normative and legal acts "Sudakt") in the number of 107 criminal cases in the period from 2017 to 2022. The author confirms the theoretical hypotheses put forward by the author concerning certain characteristics of the criminal personality of an employee of the internal affairs bodies with concrete examples from the investigated criminal cases.

Formation of a life cycle management system for personnel discipline at the enterprise

The authors of the article argue that traditionally discipline is considered as the rules of behavior for an employee in an enterprise. In this regard, the personnel must comply with corporate standards, requirements, comply with job descriptions and follow the work schedule. However, the employee's attitude to discipline is not unchanged and depends, first of all, on the level of development of his professionalism. Consequently, it is possible to single out the stages of the life cycle of the discipline, which are in close connection with the stages of the life cycle of the personal and the stages of the life cycle of professionalism. The authors point out that the possibilities of changing and developing the discipline in the process of changing and developing personnel and professionalism remain outside the field of scientists' attention. The discipline is considered exclusively from a legal point of view. Based on the study of the theoretical base in the article, the stages of the life cycle of the enterprise personnel and the life cycle of professionalism were developed. Using the classifications obtained in the study, the following goal was achieved — the stages of the life cycle of the discipline were determined, their combination with similar cycles of the enterprise personnel and the employee as a professional to solve specific problems at different levels of discipline management. To accomplish the tasks set, general scientific methods were used: analysis, analogy, classification, typification. The result of scientific work was the formation of a system for managing the life cycle of an enterprise discipline, which consists of specific tasks formulated by a common block for personnel, professionalism, and discipline at each stage of the life cycle. Therefore, the article has a scientific novelty, which consists in highlighting the stages of the life cycle of the discipline and including it in the process of managing the discipline by stages of tasks for personnel and professionalism at each stage of their life cycle.

Provision planning at the end of life from a legal point of view

In the event of the loss of the ability to give consent and thus the possibility of legally validating one's own will, the law regularly provides for a mandatory third-party representation for the patient. However, their design can be influenced preventively, for which purpose those affected are given three options. These options are: patient's decree, health Power of Attorney, guardianship order. The patient's decree makes content related specifications as to which medical interventions are accepted or not accepted in which illnesses. Health Power of Attorney authorizes another person to make the necessary treatment decisions on behalf of the patient and guardianship order relates solely to the case of a possible guardianship appointment by the guardianship court. The written form of the advance directives forms an objective basis for mutual control of future decision-makers in the event of questions of interpretation. Absolute certainty that the current will of the patient corresponds to the future and that it is reliably determined and implemented in the decision-making situation is not possible. Nevertheless, the task is to come as close as possible to this ideal image in clinical reality.

Artificial termination of pregnancy — a threat to the safety of society

Based on a comprehensive analysis of theoretical research, regulatory regulation, as well as the established judicial practice in the field of artificial termination of pregnancy, recommendations are made to improve legislation in order to eliminate existing contradictions. In particular, it is proposed to take into account the opinion of the spouse when deciding on an artificial abortion. In order to minimize individual security threats associated with the widespread practice of abortion, it is proposed to take decisions involving the application of legal, socio-economic measures, as well as preventive measures. Attention is paid to the issue of the legal status of the embryo. It is proposed to consolidate at the legislative level the right to life before birth, and to exclude contradictions in determining the moment of its occurrence from a legal point of view, to consider the moment of official confirmation of pregnancy by medical diagnostic methods as the beginning of life.

Blockchain and Freedom to Conduct a Business: Between Myth and Reality

Recent advances in technology have demonstrated the enormous flexibility of Distributed Ledger Technology (DLT), whose potential goes well beyond the cryptocurrency trading. This article explores the potential impact that the utilization of a permissioned blockchain could have on listed companies and how this could be an appropriate instrument for a more effective implementation of the provisions of the Shareholder Rights Directive II. This technological infrastructure could attest the correct formation of will within the shareholders’ meeting and contribute to the creation of a truly democratic space for the meeting and discussion among shareholders, thus allowing achievement of freedom to conduct a business. However, the most advanced use of blockchain technology has a disruptive effect and exposes us to the great danger of an “algocratic” drift. Therefore, this article analyses the main critical issues from both a technical and legal viewpoint of Decentralized Autonomous Organizations (DAOs).

Questions of fault liability: A case study analysis of in-orbit collisions with debris

In 1972, the international community established a regime of liability for damages occurring in outer space based on ‘fault’. Fifty years later, the congested and polluted reality of the space environment has limited dramatically its effectiveness. Only in very few instances, filing a claim under such regime can reasonably ensure compensation to an injured satellite operator. The present paper describes different study cases where resorting to a fault-based liability claim appears problematic. Based on real conjunction assessment alerts, the authors look into various hypothetical scenarios from the perspective of a fictitious satellite operator, whose spacecraft was damaged by an accidental collision in orbit. The aim is to analyse the effective observability over orbital collisions involving small satellites and space debris (attributable or not) and to evaluate the real chances of obtaining compensation, from the operational and legal points of view. At the centre of this study, therefore, is the evaluation, in fact and in law, of the solidity of a potential claim against the perpetrator of the harm. To that end, the discourse takes into consideration the legal difficulties that are generally connected to fault-based liabilities in international law.The definitional vagueness of the term ‘fault’, the necessity to identify a fault-standard, the proof of failure in the performance of a duty of care, are all elements to consider for filing a claim under the liability regime of 1972.However, next to them, the space environment poses additional hurdles with regard to facts and evidence. Satellite operators do not always have the technological instruments to retrieve all the information related to orbital events, such as collisions. Moreover, a complete observability over in-orbit events can be hard to reach for several classes of spacecraft (e.g. small, nano- or pico-satellites). This is especially troublesome for establishing one of the essential elements of ‘fault’: the so-called “chain of causation”. The authors will present their views on how the uncertainties posed by the liability regime of 1972 can be dealt with from a legal and from a technical perspective. In addition, several possible legal solutions and recommendations for the upcoming years of in-orbit operations and space traffic management will be proposed at the end.

Data economy: legal and ethical aspect

The article formulates the ethical issues of the data economy and outlines the problems of data ethics research. The concept of digital and gig economy was analyzed and the concept of data economy was formulated. The concept of “information sovereignty” was studied in the context of the problem of personal data protection. GDPR and DGA regulations were analyzed and the dynamic attribute of data was established. The legal uncertainty of the regime of personal and non-personal metadata under these acts is demonstrated on the example of specific data sets. Scientific approaches to determining the price of data have been studied From an economic perspective, the value of data collection and processing depends on the volume, quality, timeliness and completeness of the data. Unit data cannot be considered in the economic sense as a unit of value, since it is not a scarce resource and does not reflect a constant value (price) at a certain point in time. From a legal point of view, an object of law (information resource, information service, personal data, industrial sets of non-personal data, open data, metadata, big data) can have an economic value, even taking into account the immaterial and dynamic attribute of data.

The Effectiveness of Pressure Safety Valves in Chemical Supply Systems to Prevent Fire, Explosion, and Overpressure in the Korean Semiconductor Industry

This study was conducted to review the safety and appropriateness of PSV (Pressure Safety Valve) installation in the supply tank, which is a pressure vessel included in supply systems dedicated to supplying the acid/alkaline substances used in the Korean semiconductor manufacturing process. Three aspects of design, risk assessment, and regulations were reviewed to determine if there is a source of pressure higher than the maximum allowable working pressure (MAWP) of the supply tank that could cause fires, explosions, and overpressure. In the case of the design review, all 17 overpressure scenarios described in API Standard 521, i.e., pressure-relieving and depressuring systems, were reviewed, and there was no overpressure scenario above the maximum allowable working pressure (MAWP). Then, the risk assessment, i.e., the Hazard and Operability Study (HAZOP) technique, was used, and as a result of reviewing all possible risk situations, we can state that there were no overpressure scenarios that can exceed the design pressure of the supply tank; thus, we decided that the installation of a PSV on top of the supply tank is unnecessary. Finally, accident prevention measures against overpressure, such as the KS B 6750-3 system design and the Korean Industrial Standard, were reviewed from a legal point of view. It was confirmed that the hazardous chemical supply system for the semiconductor industry designed in this study has several protective functions to prevent fires, explosions, and overpressure. As a result of reviewing the above three aspects, it can be said that there is no need to install a pressure safety valve in a pressure vessel storing hazardous chemicals.

Вопросы юридической оценки деятельности салонов эротического массажа

Within the framework of this publication, the issues and problems of bringing to legal responsibility the owners of erotic massage salons and the masseuses themselves (masseurs) practicing this activity on a systematic paid basis are considered. This activity is analyzed from a legal point of view, including through the prism of the concept of "prostitution", on the basis of current Russian legislation, as well as the opinions of various authors who have devoted their scientific works to legal issues of combating pros-titution and the provision of sexual services of a different nature. The judicial practice of bringing persons to legal responsibility for the organization and provision of erotic massage services on a paid basis is also analyzed. The absence of a unified approach in the activities of law enforcement agencies regarding the qualification of such actions has been revealed, which, according to the author of this publication, is a consequence of the lack of definition of the term "prostitution" used in the norms of Russian law. Solutions to this problem are proposed.

PERNIKAHAN WANITA HAMIL DIBAWAH UMUR DALAM PERSPEKTIF HUKUM ISLAM DI KUA PASARKLIWON TAHUN 2022-2023

Marriage is a physical and mental bond between a man and a woman as husband and wife, with the aim of forming a happy and eternal family (household) based on God Almighty. Meanwhile, according to Dadang Hawari, marriage is a bond between a man and a woman as husband and wife based on the law (Law), religious law or applicable customs (Hawari, 2006: 58). However, in social life we often find marriages that are carried out due to certain circumstances, one of which is the marriage of a pregnant woman and underage or underage marriage. This problem occurs a lot in modern times like today because of promiscuity and lack of parental supervision of children. In fact, if we look at the legal point of view of the issue of marriage for women who are pregnant, according to the scholars, there are those who allow it and some do not allow it. According to the majority of scholars, the law of marrying a minor is permissible. In fact, it has been agreed by all scholars said by a scholar that it is permissible to marry a minor. This research takes a case in the area in the KUA of Pasarkliwon District, Surakarta City which occurred in the period 2022-2023. This study aims to analyze the review of Islamic law and the applicable law in Indonesia on the marriage of pregnant women underage and analyze the positive impact and negative impact of Marriage of Pregnant Women underage. This research uses a qualitative descriptive method, namely research that seeks to tell the solution of existing problems now based on data. The results showed that according to Islamic law, the marriage of underage pregnant women and the marriage of underage women in the perspective of Islamic law is permissible, taking into account the benefits for the couple in the future and the implementation of marriage of pregnant or underage women in the KUA Pasar Kliwon District of Surakarta City, has fulfilled the rules set by the Government of the Unitary State of the Republic of Indonesia, in this case the Ministry of Religion of the Republic of Indonesia.

Research on Gender Discrimination in Contemporary Women's Employment and Countermeasures

As a special team with vitality, knowledge, epochal and pioneering among women, they have the same potential as men. The stage of employment preparation mainly refers to that workers obtain employment opportunities through recruitment, but there are many gender-based discrimination in this process, mainly including explicit discrimination and implicit discrimination. Therefore, this paper makes a further study on the gender discrimination in contemporary women's employment and its countermeasures. By discussing the problems and causes of gender discrimination in contemporary women's employment, this paper puts forward the ideas of public interest litigation and credit system from the legal point of view, establishes an efficient and perfect guarantee mechanism for contemporary women's employment, and finally realizes the protection of contemporary women's equal employment rights. Providing them with professional career counseling, focusing on helping them discover and cultivate their self-potential and creativity when guiding women to make career choices, and solving the problem of female employment discrimination plays a decisive role in improving women's enthusiasm for participating in social construction and promoting population fertility.

ANALYSIS OF THE APPLICATION OF HALAL CERTIFICATION IN THE MAQHASID SHARIA PERSPECTIVE ON CONSUMER CONFIDENCE IN HALAL-CERTIFIED MSME PRODUCTS IN BANGKALAN REGENCY

Halal certification provides assurance that the product complies with Islamicreligious principles and can be safely consumed by Muslims. However, halal certificationis often only seen from a technical and legal point of view, without considering deeperaspects such as maqashid sharia and consumer confidence. This study aims to analyze theapplication of halal certification in the perspective of maqashid sharia and its impact onconsumer confidence in halal-certified MSME products in Bangkalan Regency.Researchers will use qualitative research methods to understand the concept of maqashidsharia, the principles of halal certification and the factors that influence consumerconfidence. Furthermore, researchers will conduct observations, interviews anddocumentation to the UTM Halal Center, halal-certified MSME businesses and localconsumers. The data collected will be analyzed to identify the relationship between theapplication of halal certification based on maqashid sharia principles on consumerconfidence in halal-certified MSME products in Bangkalan Regency. It is hoped that theresults of this study can help improve understanding of halal certification, the conceptof maqashid sharia, factors that influence consumer confidence, and can provide input forthe development of policies and business practices that are more in line with Islamicvalues and consumer needs.Keywords: Halal Certification, Maqashid Sharia, Trust, MSMEs

Methodology of Development of Social Investment Projects for the Economy: Legal Aspects

Purpose: The purpose of the present academic paper is to analyze the methods, principles and mechanism of legal regulation of social investment activity and to develop priority directions for improving the legislative framework aimed at increasing the effectiveness of investment attraction and achieving social and economic efficiency
 
 Theoretical framework: Conditions of instability require the development of social investment projects. From a legal point of view, it is necessary to reduce the administrative burden and tax pressure in the process of implementing social investment projects. This will allow for attracting investments at the global level and effectively using them at the national level for the purpose of economic development. In order to attract investors in the long term, it is necessary to reorient the tax system towards a liberal approach and optimize investment mechanisms.
 
 Design/methodology/approach: To achieve the goal set, the research was conducted by applying analysis, comparison, optimization, and modeling methods.
 
 Findings: The primary task is the analysis of social investment opportunities and the actualization of social investment information support, as well as the support of already existing social investment projects and programs. Improving the legal framework and introducing changes taking into account the instability of the external environment are separate directions of state regulation of social investment activities.
 
 Research, Practical & Social implications: One of the areas identified in the academic paper is the necessity of creating a comprehensive strategic plan for the legal regulation of social investment activity.
 
 Originality/value: This project will make it possible to implement effective legal mechanisms for regulating social investment activities, reduce the tax burden and contribute to ensuring the country’s investment attractiveness at the international level. As a result, the goal of increasing the inflow of investments and providing effective adjustment to the unstable external environment will be achieved.

Правовые аспекты технической поддержки программного обеспечения правообладателей, ушедших с российского рынка

The article is focused on legal aspects of termination by foreign vendors of technical support for software for Russian users. Based on the analysis of the existing case law, the paper provides the answers to the following questions: 1) Is it possible to demand reimbursement of the price of technical support for a period during which it was not provided by a foreign vendor, and who should make such a reimbursement? 2) Is it possible to receive updates issued by the vendor without an agreement with the copyright holder or his authorised representative and what are the legal risks associated with such activity? 3) Is it possible, from a legal point of view, to perform independent support of foreign software products by users themselves or by the companies specifically engaged by users for this task?

Criminalization of Pedophilia in Indonesia: A Legal Reform to Protect Children (Comparative Case of Indonesian and India)

The term pedophilia was coined by the American Psychiatric Association (APA), pedophilia is listed in the Diagnostic and Statistical Manual of Mental Disorder (DSM-5) as a mental disorder class of paraphilia a sexual attraction to an object or subject that is not natural. Pedophilia as a psychosexual disorder i.e. individuals with abnormal erotic desire in children. The purpose of this study is to compare the regulation of child protection from pedophilia crimes in Indonesia and India and its prevention so that it can be a reference in Indonesian legal reform. The type of research used in this study is normative research. The results showed that from a legal point of view there is no specific regulation regarding pedophilia crimes, but pedophilia crimes are associated in the form of sexual abuse in children to sexual violence in children. In terms of legislation, India has established a special law on the protection of children from sexual offenses, namely the Protection of Children from Sexual Offenses Act in 2012 (POCSO), in Indonesia has also been passed Law No. 1 of 2022 concerning Sexual Violence. Pedophilia as a psychiatric disorder, so it must be viewed not only as a crime but also a disease that must be cured therefore for the prevention of pedophilia a medical role is needed as in India there is a Program For Primary Prevention of Sexual Violence (PPPSV) that can be accessed for those who feel they have a sexual interest in children

Goethe – báseň i právo

The author deals in his article with the relation of the famous German poet J. W. Goethe towards the law. First, he depicts his legal studies in Leipzig and Strasbourg which were finished with the formulation of the thesis which helps us to learn about his opinions on some important legal problems of that time. After this the author makes us familiar with Goethe’s short working in the role of the counsel in native Frankfurt and much longer activity of office holder in Weimar duchy. Here his career advancement and the problems J. W. Goethe met at this occasion are analysed. The following part of the text is devoted to the problematics of the contract between Faust and Mephistopheles from the legal point of view. At the end of the article the author finally deals with some Goethe’s opinions on the political and mainly to the state law related matters of his time.

Limitation of the constitutional right to hold public events under the regime of response levels

In this study, the authors examined the possibility of limiting the constitutional right to hold public events in view of the response levels regime from a factual and legal point of view. The possibility of restricting the right to public events under martial law and the response level regime derived from it in the context of compliance with the norms of the Constitution of the Russian Federation is assessed. Established the grounds on which the restriction of the right in question may be recognized admissible. The legal possibility of restricting the right to public events is characterized. The conclusion is made about the presence of actual grounds for the use of restrictive measures in respect of freedom of public events in the conditions of the average level of response and in the absence of legislative basis for this.