Legal Propositions Research Articles

Private Cctv Liability Under Biometric Data Protection Rules

The penetration of technology that is increasingly developing has a lot of impact on human life. Increasing technology also results in the rapid development of home security equipment, especially Closed-Circuit Television cameras (hereinafter mentioned as CCTV). The right to privacy, to which everyone is entitled to personal self- protection Doctrinal legal research is a crucial aspect in recognizing various societal problems. Doctrinal research combines a systematic analysis of the provisions of legislation and the legal principles contained in it or derived from it, but also the logical and rational order of legal propositions and principles. Doctrinal legal research methods involve the analysis of legal propositions or legal concepts on which the main study is based. Case base approach demands the researcher to understand the reasons that used by the judges or another adjudicator until it reaches the final decision. Most personal data protection laws around the world distinguish between regular personal data and biometric data. At the beginning, Article 4 paragraph (1) of EU GDPR regular personal data commonly define on the laws as a set of data that able to identify a natural person either from electronic or non-electronic devices. Under the data protection laws regime especially GDPR, UK Data Protection Law and Indonesia Data Protection Law, mitigation during a data protection failure involving household CCTV systems typically involves taking immediate steps to minimize the impact of the breach Furthermore, stated in the Fairhurst v Woodard case homeowner could be held liable for failure to protect the personal data if they use camera on the outside boundary of their house and they could face hefty fine and/or tools removal. Finally, this writing contributes to undergoing discourse on cyber law field especially in data protection law and provide insights for academician, practitioner, and society.

Inconsistency of Salafi’s Bid’ah Concept

For the past century, bid’ah (in English know as religious innovation) has been a fundamental sociological problem in modern Muslim life. Regarding this aspect, during the COVID-19 pandemic, Salafi group in Indonesia used a different method to evaluate bid’ah in the rules of Islamic practices. Therefore, this research aimed to illustrate the dynamics of Salafi understanding of bid’ah in Indonesia during the COVID-19 pandemic. The data collected were acquired digitally from the YouTube platforms of the following Salafi figures Syafiq Riza Basalamah, and Firanda Andirja as well as written documents, uploaded websites, such as rumaysho.com by Muhammad Abduh Tuasikal, almanhaj.or.id by Yazid bin 'Abdul Qadir Jawas, and others. The result showed that Salafi provided new innovations in religious practices during the COVID-19 pandemic. This showed the inconsistency associated with Salafi teachings in bid’ah because it shifted from the Qur’an and Hadith. The inconsistency was carried out by quoting the Qur’an and Hadith from the Ashalah (puritanism) and the maslahah (public interest). This was aimed at selecting legal propositions to the conditions of the thaun (plague). In conclusion, the inconsistency of Salafi by accepting bid’ah (new innovations) to gain Covid-19 survival is proof of the acceptability of Salafi fiqh to social change.

THE AUTHORITY OF ISLAMIC FAMILY LAW AMONG THE HEADS OF TERNATE AND TIDORE RELIGIOUS AFFAIRS OFFICES

This article analyzes the authority of Islamic family law among the heads of the Religious Affairs Office (KUA) in Ternate and Tidore, Indonesia. This research is a type of field research with qualitative methods. The research involved princes in the northern Maluku region consisting of the Sultanates of Ternate and Tidore. The research results show that the headman has coercive authority to force legal implementers (children or parents for parties who are getting married) to comply with existing rules because there is a legal basis which is the authority of the headman as the party registering the marriage. In dealing with legal authorities such as in determining marriage guardians, determining the period of 'iddah and pregnant marriages, the headmen in Ternate and Tidore generally use Fiqh legal considerations rather than state laws such as KHI and so on. This is because formal legislation issued by the state (such as KHI) does not have a negotiating nature and is final. Furthermore, alternatives for consideration of minimizing harm and taking the path to benefit are taken from the legal propositions of Fiqh.

Can Rights of Nature Contribute to Enhanced Environmental Protection in Ireland?

Several sectors of Irish society have put forward rights of nature as a way to further enhance environmental protection in the country and help curb environmental degradation. In light of rights of nature developments in other jurisdictions, this piece presents rights of nature in their social, economic, and legal context, and summarises their reception by legal scholars. This portrayal will provide a basis for analysing the two main Irish rights of nature legal propositions and assess, albeit in preliminary fashion, whether these initiatives – if enacted – would further enhance environmental protection in Ireland.

The Notwithstanding Clause and the Precedent in Ford

There are, it sometimes seems, two Fords alive in the legal mind: one is the case as decided, with its legal propositions then settled (le dit); the other is the case as it has grown in the legal imagination, with propositions not then settled (le non-dit). In the light of increasing calls for the precedent in Ford to be overturned to allow for substantive limitations on the use of the notwithstanding clause, there is reason to review le dit et le non-dit of the famous case of 1988: what did Ford say and what did it leave unsaid?

Legal Tech, the Law Firm and the Imagination of the Right Legal Answer

Legal tech is growing, and its growth provokes anxieties about the future of the legal profession as such. In this article, we examine the impact of legal tech on the central role of lawyers at law firms in crafting an imagined ‘right legal answer’ by drawing on Duncan Kennedy’s suggestion that a claim to the rightness of one’s legal propositions is a central characteristic of the legal profession. We first ask how changes in the organisation of legal services affect the ability of lawyers at law firms to produce that ‘right legal answer’. While legal tech only exacerbates already ongoing processes of eradication of routine tasks, we find that it continues to mask the role of ideology in arriving at a right legal answer under a new layer of technological projection. Second, we ask how lawyers’ ability to produce ‘the right legal answer’ is affected by, first, expert systems and, second, a legal tech application named Bryter, representing a no-code system. We find that expert systems do not permit to uphold the unity of the lawyer required for Kennedy’s model of the right legal answer, but that no-code systems as Bryter do so. No-code systems can be reduced to a slogan: Have the lawyer, but evict her ideological temptations more efficiently than before!

Comparative Study of Selected Nigerian and Indian Labour Practices and the Law

Abstract Labour practices include workplace routines like, the conditions of employment, remuneration, trade union, industrial relations, safety and welfare of workers, labour rights and responsibilities, etc. Labour relations are laced with both fair and unfair practices. This study examines the differences and similarities of labour practices in Nigerian and Indian industries, and how their respective courts interpreted their labour laws. The doctrinal research methodology involving systematic review of current legal propositions, cases, statutes, legislation, policies relating to labour practice in Nigeria and India was adopted. The study finds amongst others that both the Nigerian and Indian Labour industries are fraught with unfair labour practices and the rights of workers are the same, but India explicitly provides imprisonment for employer found guilty of unfair labour practices, and Nigerian labour legislation is silent on that. It concludes by recommending a review of Nigerian labour practice legal framework, reflecting some India’s advancement in labour practice.

The Credibility and Admissibility of the Evidence of Accomplice in the Legal System of Pakistan

The concept of an accomplice is an important concept in the QSO 1984. Courts decide the legal propositions on the basis of evidence, sometimes offences are committed in which no evidence is available to punish the wrongdoers. In such cases, there is a strong probability that the offenders can escape punishment due to the non-availability of evidence to punish the wrongdoers. In order to decide the cases of blind murders and other offences of the like nature and to punish the culprits the Prosecutor on behalf of the Government enter into a contract with some of the guilty associates to become an accomplice and to give evidence against the rest of the guilty associates. There is a hot debate among legal circles about the credibility and admissibility of the evidence of an accomplice. This article is an effort to explore the legal aspects of this topic from various angles.

The Legal Paradigm of Menstrual Leaves Policy in the United Arab Emirates, Kuwait, and Afghanistan

Most legal regimes have failed to provide paid menstrual leave for women during employment, and this failure is due to several factors. Primarily, “menstruation” is very private. In some societies, it is still a taboo and degrading practice; employed women do not like to discuss it with their employers, mainly (who are men). The present study examines the legal framework and challenges of menstrual leave in the United Arab Emirates, Kuwait, and Afghanistan. The existing article ponders three specific research questions: Is the menstrual leave a blessing or a curse? Should employ women be entitled to period leave under an Islamic regime? How effective are the legal frameworks and the regulatory types of laws in the above three states? The study is employed doctrinal legal research in which normative approaches were to evaluate the literature to acquire the required legal propositions. The literature gathered and used in this study will include secondary, primary, and legal documents. This qualitative exploration aims to analyse the national principles on recognising menstrual policy, which is scarce. This is unlike the situation in Indonesia, Russia and Spain. To cope up with such scarcity, this study mined any type of relevant statutes that the UAE, Kuwait and Afghanistan have enacted and published, including written (manifestos, books, and articles on labour issues. Furthermore, the study is limited to the legal system of the aforementioned states. The study is expected to help women empowerment, create legal awareness, highlight right health in the light of right under the statutory laws.

Testing the Bounds of Universities’ Merchandising Rights in Light of Penn State v. Vintage Brand

The district court opinion in Pennsylvania State University v. Vintage Brand (2022) offers new legal insight about how judicial interpretations of trademark law in merchandising cases may be evolving to be much less protective of universities than in the past. Whereas successful legal arguments by universities in past trademark infringement cases have largely shielded universities and given them adequate trademark protection, that legal status quo may be shifting to be less protective of the universities as a result of recent case law, including in the instant case. Because of how the logos and emblems are used on the merchandise, the case suggests there may be an opportunity for unauthorized retailers to be able to use the names and past logos of the university without a license, a legal proposition that would curtail the expansive merchandising rights in sport. This article explores these legal issues through the Penn State case and examines how they may affect university athletics trademark licensing practices going forward if the legal climate shifts in how universities approach protection of their intellectual property.

Charlene M. Eska, Lost and Found in Early Irish Law: Aidbred, Heptad 64, and Muirbretha. Leiden and Boston: Brill, 2022, xix, 444 pp.

Early Ireland offers the most substantial body of jurisprudence in a western European medieval vernacular before the twelfth century, yet only a handful of scholars has the competence required to address this challenging corpus of legal evidence in editions, translation, and analysis. Irish law was first codified in the seventh to eighth centuries. Individual legal propositions are succinct, often elliptical, and have stylistic features associated with oral tradition and memorability. Their often monolithic, propositional character lends a desirable gravitas, the law thus appearing irrevocably right and just. Over the succeeding centuries, indeed, up to the mid-seventeenth century, a vast body of written commentary was elaborated and attached to individual legal maxims, sometimes subtly adapting them to new social and economic circumstances, sometimes apparently misinterpreting their terse and closed nature. At times the original legal proclamation has even gone missing in the written tradition.

TRADISI TOLAK BALA DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus di Desa Perkebunan Teluk Panji, Kecamatan Kampung Rakyat, Kabupaten Labuhanbatu Selatan)

<em><span lang="EN-US">Islam regulates various aspects of life in worship, as a nation, as a state, in society and with the right beliefs. And Allah SWT sent down the Qur'an solely to be used as a guide for mankind, in order to live according to the truth. The purpose of this study is to provide a deeper understanding of the tradition of rejecting reinforcements. The problem examined in this study is how to implement the tradition of rejecting reinforcements and how Islamic law views the tradition of rejecting reinforcements. This study uses a type of field research (field research) using a qualitative method whose data source comes from information. The data collection method used is the interview method. The results of the research that the authors obtained show that: 1) The community's view of the tradition of rejecting reinforcements is the tradition of their predecessors. Most of the people who carry out the tradition of rejecting reinforcements are people who follow previous teachings that have become habits, teachings that have been taught from generation to generation by previous communities. The reason people carry out the tradition of rejecting reinforcements is to avoid an epidemic that can no longer be prevented, therefore the tradition of rejecting reinforcements is a form of effort by the people of the Teluk Panji Plantation Village to resist the plague. 2) According to the opinion of the fiqh scholars regarding urf including the Hanfiyah priests and Malikiyah urf something that has been considered good so that it has become a tradition in a society. Hanafiyah and Malikiyah scholars also argue with the hadith of the prophet "something that is considered good by Muslims, including something that It is also good according to Allah SWT. Meanwhile, according to Syafi'iyah and Hambali, they do not consider urf as a proof or a syar'i legal proposition. The Shafi'iyah group does not recognize the existence of ihtihsan, they avoid using legal instincts and do not use it as a proof. iyah refuses to use urf as a source of Islamic law.</span></em>

Ta’arudh Al-Adillah : Problem Solving Methods Of Islamic Law


 The rapid development of the science of fiqh certainly has a correlation with the understanding of the propositions sourced in the Qur'an and Hadith. For instance, there is a legal proposition that when faced with certain problems will find a solution, but not a few laws that come from the Qur'an in the same context cause different arguments in understanding them. The contradiction here is ta'arudh arguments that contradict each other. So in the process of this research using a qualitative approach by prioritizing normative juridical aspects, there is no perspective misalignment. This paper examines the process of solving the problems of Islamic law specifically, considering the development of Islamic law is always dynamic by the conditions of the times. In addition, in understanding the law, of course, it must be correct and by the legal provisions of the arguments, as well as other arguments that have intersecting pros and cons, then in the process of settling Islamic law in this paper, it focuses on solving the problems of Islamic law.

Scrutinising the Borrowers’ Protection Under the Moneylenders Act 1951

One of the significant contributors to credit access in Malaysia is the moneylenders, currently known as community credit companies. The governing law, the Moneylenders Act 1951 (MLA), has undergone a series of amendments with the objective of improving the regulation of the moneylending business as well as enhancing borrowers’ protection. However, rigorous analysis needs to be carried out to evaluate the extent of borrowers’ protection under this law after these amendments. Thus, this research aims to explore and discuss the protection afforded to borrowers under the current Moneylenders Act 1951 (MLA) based on the international framework of financial consumer protection. This research adopted the doctrinal research approach as a systematic means of legal reasoning, analysing the legal propositions and instrumentalisations from both primary and secondary sources. The research employed content analysis approach whereby the relevant laws and regulations were rigorously scrutinised. The results of the study revealed that the legislation has provided various protections to borrowers, which have been classified into three primary categories: licensing regime, fair treatment, and transparency and disclosure. Findings from this study will assist in identifying the loopholes and weaknesses in providing comprehensive legal protection to the borrowers in Malaysia.

A EDUCAÇÃO FÍSICA NO ENSINO MÉDIO INTEGRADO A PARTIR DOS MARCOS LEGAIS: DA NEGAÇÃO ÀS POSSIBILIDADES

ABSTRACT: This study aims to analyze how Physical Education (PE) could be conceived in Integrated High School (IHS) at Federal Institutes, based on different Brazilian legal documents, tensioned with the theoretical and conceptual assumptions that conceive it as a curricular component, integrated with the pedagogical project. We developed a qualitative, descriptive, and documentary research based on the legal frameworks. We resorted to the hermeneutic perspective to understand PE legal propositions in IHS. The data indicate that work, science, technology, and culture are understood as inseparable dimensions of human formation and need to ground the educational proposals of IHS curricular components. Regarding PE in this educational modality, the knowledge of its specificity and its particularities should, whenever possible, be linked to the knowledge of other curricular components in at least three distinct dimensions, interdependent or not: with those in the field of languages; with those in the general training nucleus; those in the vocational area. Thus, we understand that PE is responsible to contribute on the formation of political subjects, providing a basic framework that can help them exercise citizenship, in the context of a republican and democratic society. In this sense, students, upon completing the IHS, need to clearly understand and relate with the universe of body movement culture, articulating the knowledge produced in this context with other life dimensions.

Смысл юридической практики и установки теории права: комментарий к радикальной «герменевтике» Р. Дворкина

This paper discusses conception of legal interpretativism proposed by a famous American jurist, Ronald Dworkin (1931–2013) in context of problems of “practical orientation” of legal theory. The first part of the paper states key attitudes of R. Dworkin’s interpretive approach as to understanding of law and legal practice, interpretative character of legal propositions, and necessary practical “involvement” of legal theorist. The second part assesses R. Dworkin’s interpretive theory, emphasizes importance of its “practical direction”, as well as its argumentative and hermeneutic potential. Simultaneously, the paper highlights a number of “dark spots” within the American jurist’s conception that require elucidation/justification. These are linked with an unjustified universalization of argumentative character of legal practice and of the idea of “the best moral light”, with lack of clarity in the idea of legal theorist’s “participation” in the practice being comprehended, as well as with radicalism and insufficiency of R. Dworkin’s arguments to neutralize legitimate plurality of legal doctrines.

A Legal Proposition for a Regional Agreement to Protect Wildlife and Habitats in South Asia

South Asian countries are home to many species of wildlife given the different geographical landscapes spreading from the Himalayan mountains in Nepal to the oceans surrounding the Maldives and Sri Lanka. Illegal poaching of wildlife, destruction of habitats, and wildlife trade are only a few of the common threats found in the region. There are domestic legislations which protect the wildlife to a certain extent. However, there is no regional instrument which is capable of establishing a collective responsibility to care for and protect wildlife. As this geographical area of the world comprises mega-diverse ecosystems, the absence of a regional legal framework with the necessary legal protection of wildlife raises serious concerns. Therefore, this article first explores existing legal protection that has been granted to different types of wildlife at the domestic level. Next, to understand the significance of adopting a regional instrument which can establish a collective mechanism for protecting wildlife, it analyzes the regional agreements of the European Union (EU) as a case study. The article further examines the effectiveness of the laws of selected EU agreements with a view to their potential for developing a regional mechanism for South Asia.

Investigating the Construction of Ijma in The Study of Islamic Law through Sociological and Historical Approach

This paper aims to examine the construction of ijma in the study of Islamic law through sociological and historical approaches. The research looks at qualitative data through literature studies. In legal research methods, this research is categorized as normative legal research with a conceptual approach. The concept of ijma becomes the object of study in this paper. Furthermore, the concept of ijma is examined with socio-historical analysis. The results of the discussion show that the difference in views on the concept of ijma as the basis of Islamic law that must be obeyed, influenced by normative arguments (propositions of the Qur'an and sunnah) which are references and different interpretations of legal propositions held as a basis of opinion. The difference in looking at the concept of ijma that can be used as a Islamic legal argument also begins from the difference in setting the standard of definition and criteria (pillars and conditions) of the ijma itself and considering the capacity of the ijma whether as an opinion of "all" or "majority". In addition, the development of conceptions and laws about ijma is inseparable from the social setting in each period.

The Implementation of Waqf as ‘Urf in Indonesia

As a tradition that has been practised for a long time, waqf or endowment is clear evidence that Muslims in Indonesia are developing through this worship. However, what if the waqf is in the form of a mosque, Islamic school, and grave (3M’s waqf). It is an unusual thing in the contemporary Islamic tradition, but its existence persists. Meanwhile, 'Urf as one of the legal propositions in establishing Islamic law has known the concept and has been practised for generations in suburban areas where most of the population is Muslim. This tradition is then accommodated in Law Number 41 of 2004 concerning endowment, which contains land endowment and endowment organiser (nazhir). This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves. By using the historical and analytical-conceptual approaches, this paper will analyse waqf in these three forms. The results of this study can be taken into consideration by stakeholders in developing strategies for strengthening and empowering 3M's donated land to create benefits for the Indonesian since 3M’s endowment is commonly found in Indonesian society.

Develop an Appropriate Model for the Role of Pressure Groups in the linear Formation of Iran's General Policy

Politics involves decision-making, and decisions are the result of group conflict. Political decisions are nothing but the result of the interaction of pressure groups and the relationship of power between them. Pressure groups try to present their demands to the political system and public policy. To. A pressure group is a group of people who have political goals and want to influence the law, and a stakeholder group is a group of people who have common interests and do not have political goals. Pressure groups can be examined from two perspectives. The classical view that the performance of pressure groups disrupts the political system and public policy; and the modern view that not only does not reject the performance of pressure groups, but also considers the existence of these groups as a dynamic aspect of the organization and a tool to improve public participation. brings. One of the biggest areas of action for pressure groups is the legislature and parliaments. The role of pressure groups in shaping public policy with the foundation data theory approach is through the three stages of open, central and selective coding. The statistical participants are the current and periodic members of parliament in the country. Using purposive sampling method, semi-structured interviews were conducted with 22 members of parliament in an 18-month period until the data saturation stage was reached. Members were validated by matching methods. The present research is a mixed type, so data analysis consists of two phases, qualitative and quantitative. In the qualitative phase, to analyze and interpret (codify) the concepts expressed by members of parliament and experts. Iran is covered, which includes open, axial and selective coding. In addition, Delphi method has been used for localization and screening of indicators. Data analysis has been used using MaxQDA2012, Excel2016 and SPSS software. Open, axial and selective coding was used to analyze the data. During the data comparison process in the open, axial and selective coding path, 132 concepts, 71 subcategories and 24 general categories were obtained and presented in the form of a paradigm model. The integration of categories, based on the existing relationships between them, around the involvement of groups in professional activities, formed a paradigm model that reflected the development of an appropriate model of the role of pressure groups in shaping public policy. Causal conditions (influence of pressure groups on decisions, indirect influence on public opinion, party orientation, incorrect structure of democracy, lack of holistic view, etc.), central category (gaining benefits and advantages, adaptation of pressure groups to policy needs General (intervention) conditions (use of coercive tools of influence, behind-the-scenes issues and interference of officials in each other) strategies (dissemination of information, use of powerful people, transparency and defeat of monopolies) and consequences (promise, policy-making citizen and unity and integrity) emerged and Relationships between different dimensions were shown through the formation of a conceptual model. Finally, legal propositions and strategic hypotheses of the research were developed.