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  • Protection Of Rights
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Articles published on legal-protection

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  • New
  • Research Article
  • 10.62383/aliansi.v2i6.1350
Perubahan Sifat Delik dalam Pasal 2 dan Pasal 3 Undang-Undang Tindak Pidana Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 25/PUU-XIV/2016
  • Nov 24, 2025
  • Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
  • Riyan Auliyanda Safrizal + 3 more

This study discusses the shift in the meaning of delinquency in Articles 2 and 3 of the Corruption Crime Law (Corruption Law) which has an impact on law enforcement for corrupt perpetrators. In practice, the element of state losses must be clearly proven so that the perpetrator can be held criminally responsible. However, there is a phenomenon of corrupt perpetrators who return state losses to obscure the elements of loss as stipulated in Article 2 of the Corruption Law, so that they have the potential to escape criminal snare. This research uses a qualitative method with a descriptive analysis approach, through literature studies and studies of the Constitutional Court Decision Number 25/PUU-XIV/2016. The results of the study show that the basis of the applicants' application in the decision is divided into four aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, the object of the application, and the reason for the application. The Constitutional Court judge in the decision considered three main aspects, namely the authority of the Constitutional Court, the legal standing of the applicant, and the subject matter of the application. The judge's legal considerations emphasized that the phrase "may" in Article 2 paragraph (1) and Article 3 of the Corruption Law caused legal uncertainty, so that the nature of the offense in the two articles changed to a formal offense. This has an impact on uncertain and fair legal protection for applicants and has serious implications for law enforcement of corruption crimes in Indonesia.

  • New
  • Research Article
  • 10.30649/ph.v25i2.449
Legal Protection of Telemedicine Consumers: an Analysis of the Consumer Protection Act and Health Regulations in Indonesia
  • Nov 24, 2025
  • Perspektif Hukum
  • Irma Seliana + 1 more

Telemedicine has become a fundamental part of modern healthcare delivery, transforming the contractual and liability relationships between healthcare providers and consumers. In Indonesia, the growing use of telemedicine raises complex issues in civil law, particularly concerning consumer protection, data privacy, and accountability for malpractice. This study aims to analyze the legal protection of telemedicine consumers under Indonesian law specifically Law No. 8 of 1999 on Consumer Protection, the Civil Code, and sectoral health regulations and to evaluate the civil liability of telemedicine providers when harm or loss occurs. Using a normative juridical (doctrinal) approach, this research employs statutory, conceptual, and comparative methods. The study reviews current laws such as the Health Omnibus Law (Law No. 17 of 2023), the Personal Data Protection Law (Law No. 27 of 2022), the Ministry of Health Regulation No. 20 of 2019 on Telemedicine, and Government Regulation No. 28 of 2024 as its implementing regulation. Findings indicate that Indonesia’s legal framework remains fragmented, with unclear boundaries between consumer law and health regulations. Comparative analysis with international standards reveals the need for a harmonized civil law framework to ensure accountability, guarantee patient rights, and strengthen consumer protection in digital health services.

  • New
  • Research Article
  • 10.62383/federalisme.v2i4.1255
Eksploitasi Anak sebagai Tindak Pidana: Analisis Implementasi Penegakan Hukum dalam Sistem Peradilan Pidana Anak
  • Nov 24, 2025
  • Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi
  • Pesona Bias Pelangi Karina Putri

Child exploitation is a serious violation of human rights that involves children as victims. In Indonesia, such cases frequently occur due to severe economic pressure, lack of education, weak social supervision, and inadequate law enforcement. Children are often used as laborers or sources of income, either directly in the informal sector or through digital media. This study aims to examine how the juvenile criminal justice system in Indonesia addresses cases of child exploitation and to evaluate the effectiveness of legal protection for child victims. The research employs a normative juridical approach by referring to statutory regulations and relevant legal concepts. Data were collected from various primary legal sources, including the Child Protection Law and the Juvenile Criminal Justice System Law. The findings indicate that although legal regulations are relatively clear and firm, their implementation in practice remains problematic. Coordination among institutions is not yet effective, social rehabilitation for victims is insufficient, and public awareness regarding children’s rights remains low. Law enforcement also has not fully prioritized the restorative justice approach, which emphasizes victim recovery and active community involvement. Therefore, stronger and more integrated legal policies, improved law enforcement capacity, and the empowerment of families and communities are required to ensure sustainable child protection.

  • New
  • Research Article
  • 10.38035/gijlss.v3i3.636
Legal Protection of Pawn Companies Against Transactions Involving Criminal Collateral: Critical Analysis of East Jakarta District Court Decision No. 332/Pid.B/2023/PN.Jkt.Tim
  • Nov 24, 2025
  • Greenation International Journal of Law and Social Sciences
  • Fitri Kharisma + 1 more

This study addresses the critical legal conflict arising when collateral accepted by a bona fide pawn company is later identified as criminal proceeds. The background highlights the inherent clash between the creditor’s preferential right (droit de suite), which aims to secure debt repayment under civil law, and the victim’s absolute right to restitution (revindication) under criminal law enforcement. The purpose is to critically analyze the recent East Jakarta District Court Decision No. 332/Pid.B/2023/PN.Jkt.Tim, which ordered the return of the collateral to the victim without providing any compensation to the compliant pawn institution, severely undermining legal certainty. The research utilized a rigorous normative juridical method, employing both case and conceptual approaches to analyze primary legal instruments, including the Civil Code, the Criminal Procedure Code, and the strict CDD/KYC requirements detailed in OJK Regulation No. 8 of 2023. The results indicate that the court’s singular focus on criminal restitution effectively extinguished the pawn company's property rights. The failure to award compensation signifies that objective good faith, even when rigorously evidenced by regulatory compliance, was deemed insufficient to secure financial protection, directly contradicting the doctrine of the valid pledge agreement under Article 1152(4) of the Civil Code. The study concludes that the Supreme Court must issue mandatory guidance (SEMA) to enforce compensation for the principal loan to compliant bona fide creditors prior to collateral restitution, which is necessary for achieving judicial harmonization and strengthening the stability and integrity of the financial services sector.

  • New
  • Research Article
  • 10.69849/revistaft/ni10202511230650
AS CONSEQUÊNCIAS JURÍDICAS DO ABANDONO AFETIVO DE CRIANÇAS E ADOLESCENTES
  • Nov 23, 2025
  • Revista ft
  • Vithorya Suderio Do Prado + 1 more

Children and adolescents have special and comprehensive protection granted by the 1988 Federal Constitution and by the Child and Adolescent Statute (ECA), which also includes emotional and affective support. Thus, the present study aimed to analyze the legal consequences of emotional neglect and its legal implications. This is a narrative review that compiles academic literature on the subject, the Brazilian legal framework, particularly the ECA, the 2002 Civil Code, and the recent Law No. 15,240/2025, which established emotional neglect as a civil offense, as well as case law from the Superior Court of Justice (STJ) and state courts. The research found that such conduct is subject to compensation for moral damages, based on Articles 186 and 927 of the Civil Code, provided that damage, causal link, and fault or intent are proven. It was also verified that Law No. 15,240/2025 reinforced legal protection by including in the ECA the obligation of affective assistance and the explicit provision for reparation due to emotional neglect, in addition to expanding the applicable administrative measures. Case law, especially since Special Appeal No. 1,159,242/SP, confirms the possibility of civil liability. Therefore, it is concluded that the new legislation strengthens the legal protection of childhood affectivity and consolidates understandings already recognized by Brazilian courts.

  • New
  • Research Article
  • 10.3390/jcp5040103
Privacy in Flux: A 35-Year Systematic Review of Legal Evolution, Effectiveness, and Global Challenges (U.S./E.U. Focus with International Comparisons)
  • Nov 22, 2025
  • Journal of Cybersecurity and Privacy
  • Kong Phang + 1 more

Privacy harms have expanded alongside rapid technological change, challenging the adequacy of existing regulatory frameworks. This systematic review (1990–2025) systematically maps documented privacy harms to specific legal mechanisms and observed enforcement outcomes across jurisdictions, using PRISMA-guided methods and ROBIS risk-of-bias assessment. We synthesize evidence on major regimes (e.g., GDPR, COPPA, CCPA, HIPAA, GLBA) and conduct comparative legal analysis across the U.S., E.U., and underexplored regions in Asia, Latin America, and Africa. Key findings indicate increased recognition of data subject rights, persistent gaps in cross-border data governance, and emerging risks from AI/ML/LLMs, IoT, and blockchain, including data breaches, algorithmic discrimination, and surveillance. While regulations have advanced, enforcement variability and fragmented standards limit effectiveness. We propose strategies for harmonization and risk-based, technology-neutral safeguards. While focusing on the U.S. sectoral and E.U. comprehensive models, we include targeted comparisons with Canada (PIPEDA), Australia (Privacy Act/APPs), Japan (APPI), India (DPDPA), Africa (POPIA/NDPR/Kenya DPA), and ASEAN interoperability instruments. This review presents an evidence-based framework for understanding the interplay between evolving harms, emerging technologies, and legal protections, and identifies priorities for strengthening global privacy governance.

  • New
  • Research Article
  • 10.24144/2307-3322.2025.91.5.5
Specialization as a means of improving the qualifications of lawyers and a condition for providing legal assistance at a professional level
  • Nov 22, 2025
  • Uzhhorod National University Herald. Series: Law
  • V V Zaborovskyy + 2 more

It is indicated that the institute of advanced training of lawyers is the subject of the author’s previous research. Continuous professional training of lawyers, being their fundamental duty, ensures the implementation of the constitutional right to professional legal assistance and effective protection of the rights and freedoms of clients. This article is aimed at studying the issues of introducing specialization of lawyers in Ukraine, which remains an insufficiently regulated aspect of modern Ukrainian legal practice. The current Ukrainian legislation regulating the practice of law is analyzed, with an emphasis on its gaps in terms of consolidating the specialization of lawyers. An analysis of scientific approaches to determining the essence of specialization as a means of improving the qualifications of lawyers, as well as its impact on the quality and efficiency of providing legal assistance, is conducted. Attention is also paid to the disclosure of the experience of the countries of the European Union, where specialization of lawyers is already a normatively defined institution. The position is argued according to which, in order to improve the quality of providing professional legal assistance, it is necessary to introduce specialization of lawyers in Ukraine, which provides for: determining the list of areas of specialization of lawyers (similar to the practice of European countries within twenty such areas of law); establishing minimum requirements for lawyers (in particular, at least five years of legal experience); establishing a clear mechanism for assigning such a specialization, which will provide for the need to confirm the presence of both special practical experience and theoretical knowledge, including through an appropriate qualification assessment. The article outlines the key advantages of introducing specialization, such as increasing professional competence, improving legal practice and strengthening client trust. Attention is also drawn to the fact that obtaining the status of a «specialized lawyer» should be associated with mandatory and regular advanced training (at least half of the minimum required credit points for advanced training should relate to the chosen qualification).

  • New
  • Research Article
  • 10.24144/2307-3322.2025.91.5.1
Peculiarities of lawyer participation in domestic violence cases: deontological aspect
  • Nov 22, 2025
  • Uzhhorod National University Herald. Series: Law
  • S M Avramenko

The article examines the deontological principles of a lawyer’s activities in cases of domestic violence, in particular the influence of legal ethics on the effectiveness of legal aid. The features of the protection of victims and defendants are considered, the boundaries of professional behavior are determined, which ensure a balance between the rights of the client and respect for the dignity of the other party. It is emphasized that a lawyer in this category of cases must combine a high level of professional competence with the principles of empathy, tact and moral responsibility, preventing secondary traumatization of victims and not going beyond the evidentiary base when forming the defense position. The key principles of legal ethics are indicated: respect for human rights, confidentiality, professional competence, special sensitivity to the psychological state of the client, balance of interests of the parties and continuous professional improvement. The emphasis is on the need to observe ethical boundaries when interacting with victims, accused, the court and law enforcement agencies, as well as on avoiding behavior that may discredit the legal profession or cause additional harm to the participants in the process. The features of the work of a lawyer in cases of domestic violence are given, in particular, in terms of minimizing re-traumatization, correct preparation of evidence and ensuring the implementation of the procedural rights of the parties. The importance of combining the legal and psychological competence of a lawyer, as well as systematic advanced training in the field of gender equality and international standards for the protection of human rights, is especially emphasized. The material is of practical importance for the formation of methodological recommendations for the training of lawyers, scientists, teachers and students of legal specialties, as well as for improving legal practice in the field of combating domestic violence. Compliance with deontological norms allows for effective legal protection, fair trial, and building public trust in the legal system.

  • New
  • Research Article
  • 10.24144/2307-3322.2025.91.5.21
Combat immunity and NATO standards: legal aspects of adapting Ukrainian legislation
  • Nov 22, 2025
  • Uzhhorod National University Herald. Series: Law
  • Y M Kaliuzhnyi

The article presents a comprehensive analysis of the implementation of the combat immunity institution in Ukraine in the context of legal adaptation to NATO standards and increasing the efficiency of the defense sector under ongoing military aggression. The author justifies the relevance of the research by highlighting the need to harmonize national legislation with international humanitarian norms, ensure compatibility with the military management systems of NATO member countries, and guarantee legal protection for military personnel and civilians. The current state of regulatory provisions for combat immunity is examined, distinguishing issues such as the lack of a clear definition, uncertainty regarding the range of subjects, procedural shortcomings in documenting combat decisions, and insufficient training of command staff in international humanitarian law. Significant attention is given to the analysis of NATO countries’ experience – specifically the USA, United Kingdom, Canada, France, and Germany – where combat immunity operates either through case law or codified statutes, is applied within strict boundaries, and is never extended to war crimes, with its realization supported by oversight mechanisms and adherence to the principle of proportionality. The comparative analysis demonstrates different legal models: from the American approach shaped by jurisprudence and balancing military necessity with human rights protection, to the British “combat immunity” doctrine in civil law which limits tort liability for combat operations but does not provide immunity for systemic negligence. Separate consideration is given to the legal practices of France, Canada, and Germany, where immunity is regulated by military codes and executive documents (Rules of Engagement), which impose severe sanctions for violations of international humanitarian law. Using the example of Ukrainian judicial practice, particularly the Supreme Court decision in the case of General V. Nazarov, the development of the concept and its application within armed conflict is illustrated. The author emphasizes the necessity of legislative unification of norms, legal specification of immunity boundaries, distinction between criminal and civil liability, establishment of standardized mechanisms for recording combat decisions, and systematic training of military personnel and judges. The author proposes a comprehensive model of combat immunity that integrates adapted NATO practices and Ukrainian realities, enabling effective protection for participants in defense operations, preventing impunity for offences, and strengthening the legal foundations of national security. The conclusions highlight that the successful implementation of combat immunity depends on the combination of legislative reform, procedural standards, and educational components, which together will ensure greater defense capability and legal resilience of the state in wartime challenges.

  • New
  • Research Article
  • 10.24144/2307-3322.2025.91.4.65
Evolution of the constitutional understanding of the right to freedom and personal integrity in Ukraine
  • Nov 22, 2025
  • Uzhhorod National University Herald. Series: Law
  • A.R Tumanyants

It is indicated that the right to liberty and personal integrity is one of the basic principles of a democratic state based on the rule of law, which is directly related to the recognition and protection of human dignity. The article presents a comprehensive analysis of the right to freedom and personal integrity as one of the fundamental constitutional human rights enshrined in Article 29 of the Constitution of Ukraine. It emphasizes that this right constitutes the foundation of human dignity, autonomy, and the ability to freely exercise other rights and freedoms. The relevance of the study is determined by the need to comprehend the modern constitutional doctrine of Ukraine in light of the decisions of the Constitutional Court, which establish the standards of permissible limitations on freedom, the principles of judicial control, and guarantees of protection against state arbitrariness. The article clarifies the content, essence, and mechanisms for the implementation of the right to freedom and personal integrity through the prism of the Constitutional Court’s practice, identifies the stages of the formation of the national constitutional doctrine, and determines its correlation with international legal standards. The methodological basis of the study comprises formal-legal, systemic, comparative- legal, and analytical methods, which made it possible to comprehensively examine the evolution of the Constitutional Court of Ukraine’s approaches to interpreting Article 29 of the Constitution. As a result, it is established that the Constitutional Court of Ukraine consistently upholds the rule of law, the principle of proportionality, the prohibition of arbitrariness, and the mandatory nature of judicial control as the central mechanism for guaranteeing personal freedom. The Court’s case law demonstrates the integration of European standards into the national legal framework, particularly in the context of ensuring the legality of arrest, detention, and hospitalization of incapacitated persons. It is proven that even during martial law, the state remains obliged to observe constitutional guarantees that prevent arbitrary deprivation of liberty. The scientific novelty of the article lies in the systematization of the legal positions of the Constitutional Court of Ukraine concerning the realization of the right to freedom and personal integrity and in revealing their significance for shaping national standards of legal protection of the individual.

  • New
  • Research Article
  • 10.24144/2307-3322.2025.91.4.20
Domestic violence in Ukraine and Europe: analytical and legal research into trends and dynamics of criminal sentences (2020–2025)
  • Nov 22, 2025
  • Uzhhorod National University Herald. Series: Law
  • T.P Pantaliienko

Domestic violence is one of the most acute socio-legal problems of modern Ukraine, which significantly affects the safety, health and well-being of citizens. Its spread is systemic and goes beyond the private sphere, directly affecting the social structure of society, the level of trust in law enforcement agencies and the effectiveness of legal protection. The article conducts an analytical and legal study of the trends and dynamics of criminal convictions under Article 126-1 of the Criminal Code of Ukraine for the period 2020–2025. The results of the study indicate a steady trend towards an increase in the number of criminal convictions for domestic violence: from 853 convictions in 2020 to 2,177 in 2024 and 1,465 in the first nine months of 2025. The share of such sentences in the overall structure of court decisions also gradually increased from 1.24% in 2020 to 2.64% in 2024. This dynamics demonstrates not only the growth of the official response of the state, but also the increase in public attention to the problem. However, a significant number of cases remain latent due to the fear of victims, economic dependence and distrust of protection institutions. In order to deepen the analysis, Ukrainian statistics were compared with international data. In particular, in England and Wales in 2024, 851,062 crimes related to domestic violence were registered, and 51,183 criminal prosecutions were registered. Such an example demonstrates the effectiveness of systematic data collection, the stability of law enforcement practice and developed response mechanisms. French statistics reveal a particularly tragic dimension of the problem: in 2021, 143 deaths related to domestic violence were recorded, 85% of the victims were women, and in 19% of cases children were present. The generalization of the results obtained shows that domestic violence is complex in nature, and effective counteraction requires a combination of criminal law, preventive and social instruments. In Ukraine, positive dynamics of law enforcement are observed, but further improvement of the policy should be aimed at developing preventive mechanisms, strengthening the system of protection of victims and ensuring transparent statistical monitoring. The experience of other European countries can become the basis for the formation of a holistic and effective strategy to combat domestic violence at the national level.

  • New
  • Research Article
  • 10.24144/2307-3322.2025.91.5.28
Environmental whistleblowers: significance in the context of Ukraine’s European integration and the establishment of the rule of law
  • Nov 22, 2025
  • Uzhhorod National University Herald. Series: Law
  • Yu M Panfilova + 1 more

The article examines the role of environmental whistleblowers in the process of Ukraine’s European integration and their contribution to strengthening the rule of law. The significance of the activities of environmental whistleblowers is substantiated both in view of the environmental challenges and dangers that Ukrainian society faces today, and in terms of establishing effective and efficient democracy. Information today serves as the basis of all competencies and orientations in life situations. Providing its citizens with complete and reliable information, generated or stored by the state, is an integral part of both respect for them and recognition of national sovereignty. Information issues are directly correlated with the state’s guarantee of effective implementation of the rule of law, and therefore with issues of European integration. Ensuring environmental security is one of the most important tasks of modern state policy. The activities of environmental whistleblowers in this case become an important mechanism for preventing violations of environmental norms, combating corruption, and building citizens’ trust in state institutions. An important component of the whistleblower institution is the creation of internal and external channels of communication, ensuring confidentiality and prohibiting the persecution of informants. This determines the right of citizens to access environmental information, participation in decision-making and access to justice in the environmental sphere. It has been established that environmental whistleblowers play a key role in identifying and preventing violations in the field of environmental protection, increasing transparency and accountability of government bodies. In Ukraine, the whistleblowing mechanism is provided for by the Law of Ukraine “On Prevention of Corruption”, but the environmental sphere remains virtually outside its regulatory influence. A positive moment for the national legal system was the accession to the Aarhus Convention and the introduction of environmental impact assessment and strategic environmental assessment procedures. However, the system of legal protection of environmental whistleblowers has not yet been created. The latter often face pressure and persecution that restrain their activity. Ukraine should use the experience of the European Union and its member states to create its own model of protection of environmental whistleblowers as a component of environmental and national security.

  • New
  • Research Article
  • 10.55942/pssj.v5i11.1001
The application of intellectual property rights to the processing of haminjon resin into perfume products
  • Nov 21, 2025
  • Priviet Social Sciences Journal
  • Wilson Sagala + 1 more

This article discusses the application of Intellectual Property Rights (IPR), especially patent protection, to the results of processing haminjon sap into perfume products as a form of innovation based on local wisdom. Haminjon sap, a non-timber forest product typical of North Sumatra, has high economic potential if processed into value-added products, such as perfume. However, the protection of this innovation still faces various legal and practical obstacles. Based on Law Number 13 of 2016 concerning Patents, every invention that meets the elements of novelty, inventive steps, and can be applied in industry is entitled to legal protection. However, the implementation of this protection in the small business sector is still limited due to low IPR literacy, minimal access to information, and relatively high patent registration costs for small businesses. This condition causes many small business actors to not understand the importance of exclusive rights to their inventions, thereby risking losing ownership rights and the economic value of the results of their innovations. Therefore, efforts are needed to increase legal awareness, technical assistance, and affirmative policies from the government to facilitate access to patent protection for local products such as perfume made from haminjon sap, so that they can compete sustainably in the national and international markets.

  • New
  • Research Article
  • 10.55942/pssj.v5i11.979
Reconstruction of the tax dispute resolution system to achieve legal justice in Indonesia
  • Nov 21, 2025
  • Priviet Social Sciences Journal
  • Hermansyah Hutagalung

The tax dispute resolution system in Indonesia plays a strategic role in maintaining a balance between the interests of tax authorities and the rights of taxpayers as part of the principle of legal justice in a country governed by the rule of law. However, the current system still faces various problems, including overlapping authorities between the Directorate General of Taxes and the Tax Court, the institutional dependence of the Tax Court on the Ministry of Finance, and a lengthy settlement process that often causes legal uncertainty for taxpayers. This situation indicates the need to reconstruct the tax dispute resolution system to make it more independent, efficient, and oriented towards substantive justice. This study uses a normative juridical method with a statute, conceptual, and comparative approach. The analysis is conducted on legal norms governing tax courts and dispute resolution practices in several comparative countries. The results show that the tax dispute resolution system in Indonesia does not fully reflect the principles of the rule of law and legal justice as mandated by Article 24 of the 1945 Constitution. Reconstruction is needed by strengthening the institutional position of the Tax Court under the Supreme Court, establishing an Alternative Dispute Resolution (ADR) mechanism for tax disputes, simplifying the objection and appeal processes, and digitizing tax court administration. Through these measures, it is hoped that the tax dispute resolution system in Indonesia can better guarantee certainty, fairness and legal protection for all parties.

  • New
  • Research Article
  • 10.38035/jlph.v6i1.2711
Legal Analysis of Protection Against Breach of Employment Contract
  • Nov 20, 2025
  • Journal of Law, Politic and Humanities
  • Muhammad Rozi Asri + 1 more

This study aims to analyze the forms of default (breach of contract) committed by the government as the employer in the implementation of the Work Order (SPK) and to examine the legal remedies available for contractors to obtain legal protection. This research employs a normative juridical method using statute, case, and conceptual approaches. The legal materials used include primary, secondary, and tertiary sources, analyzed qualitatively through a descriptive-analytical technique. The results indicate that government default commonly occurs in the form of delayed payments, unilateral changes to the scope of work, and contract termination without legal justification. These actions cause losses to contractors due to their weak bargaining position in legal relations with the government. Legal protection for contractors can be pursued through warnings (somasi), civil lawsuits based on Articles 1243–1252 of the Indonesian Civil Code, and non-litigation dispute resolution mechanisms such as mediation or arbitration as regulated under Law Number 2 of 2017 on Construction Services and Presidential Regulation Number 16 of 2018 on Government Procurement of Goods/Services. This study emphasizes the need to strengthen regulations and improve dispute resolution mechanisms to ensure legal certainty and fairness for contractors in the implementation of work orders.

  • New
  • Research Article
  • 10.38035/jlph.v6i1.2610
Indonesian Legal Efforts to Prevent Statelessness in Children Resulting from Unregistered Mixed Marriages
  • Nov 20, 2025
  • Journal of Law, Politic and Humanities
  • Indira Yekti Widya Pramesti + 1 more

Indonesia's legal efforts to prevent statelessness in children born to unregistered mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) are an important concern because the unclear status of the marriage causes children to lose the administrative basis for obtaining citizenship. The research method used is normative juridical with a legislative and case approach, one of which is the case of Efa Maulidiyah in Malaysia. The results of the study show that children of Indonesian mothers still have civil relations based on Article 43 paragraph (1) of Law Number 1 of 1974 and Constitutional Court Decision Number 46/PUU-VIII/2010, so they are entitled to Indonesian citizenship based on the principle of ius sanguinis in accordance with Article 4 letter (d) of Law Number 12 of 2006. To overcome administrative obstacles, the Indonesian government implemented Permenkumham Number 6 of 2025 as a mechanism for confirming the citizenship status of children born to mixed marriages and strengthening legal protection for Indonesian children abroad.

  • New
  • Research Article
  • 10.38035/gijlss.v3i3.583
Modern Governance of Hajj and Umrah: Digital Innovation and Legal Protection for Pilgrims
  • Nov 19, 2025
  • Greenation International Journal of Law and Social Sciences
  • Singgih Januratmo + 1 more

The administration of Hajj and Umrah in Indonesia faces complex governance challenges, such as extremely long pilgrim queues, weak supervision of Umrah Travel Organizers (PPIU), and the increasing number of fraud cases that harm pilgrims. The repeated failures of travel agencies to properly facilitate or repatriate pilgrims highlight the urgent need to strengthen legal protection mechanisms. In response, the government has promoted the modernization of governance through digital innovation, aligning with Saudi Arabia’s vision of digital transformation. This digitalization serves a dual purpose: enhancing the efficiency and transparency of public services while simultaneously reinforcing the state’s regulatory and control functions over private organizers. This study aims to analyze the modernization of Hajj and Umrah governance through digital innovation, evaluate the effectiveness of digital systems such as the Integrated Hajj Computerization System (Siskohat) in improving services and oversight, and examine the adequacy of the legal framework particularly Law No. 8 of 2019 in providing legal protection for pilgrims. The research employs a normative juridical method, analyzing the legal framework governing Hajj and Umrah administration, including Law No. 8 of 2019, the Consumer Protection Act, and derivative regulations issued by the Ministry of Religious Affairs concerning PPIU standards and certification. Digital innovations such as Siskohat have successfully integrated registration, payment, and data validation processes, significantly improving efficiency and transparency. New platforms like SERAMBI facilitate online licensing and accreditation for PPIUs, transforming the traditional periodic-manual supervision model into a system of continuous digital surveillance. Normatively, Law No. 8 of 2019 provides a strong legal foundation, including severe criminal sanctions for organizers engaged in fraud or negligence. However, there remains a gap between the availability of data generated by digital systems and the effectiveness of law enforcement in practice, as fraudulent activities continue to occur. The governance of Hajj and Umrah is thus undergoing a transformation toward a data-driven model characterized by greater modernity and transparency. Despite robust digital innovations and a solid legal framework, the protection of pilgrims remains suboptimal due to weak law enforcement. It is therefore recommended that the Ministry of Religious Affairs establish a collaborative task force with the National Police to proactively utilize data from Siskohat and other digital systems for investigation and strict enforcement against problematic PPIUs, thereby ensuring that legal sanctions are applied effectively.

  • New
  • Research Article
  • 10.31146/2415-7813-endo-67-3-23-35
Complications of endoscopic interventions in the lower gastrointestinal tract
  • Nov 18, 2025
  • Filin’s Clinical endoscopy
  • M S Burdyukov + 12 more

The Federal Law No. 323-FZ of November 21, 2011 establishes the requirements for the content and format of the “Informed Voluntary Consent” (IVC) form for medical interventions. This document serves as a legal guarantee of protecting the rights of both patients and healthcare professionals. The article discusses the procedure of signing the IVC and highlights its key sections that require special consideration. The most important are the sections “Indications” and “Contraindications for medical intervention.” Indications provide patients with information about the necessity of a particular procedure and the possible consequences of refusal, ensuring awareness and informed decision-making. The section on contraindications reflects potential health and life risks related to the patient’s condition or to the specifics of the intervention, including possible complications. The patient’s signature confirms awareness and consent, while also providing legal protection for the healthcare institution and staff in case of adverse outcomes or legal disputes. Special attention is paid to the section “Risks associated with medical care.” The list of potential adverse events (for example, during colonoscopy) can be extensive, which makes it impossible to include every detail. Therefore, the authors propose standardization and adaptation of such risks for inclusion in the IVC form. This approach allows achieving a balance between comprehensive patient information and practical usability of the document.

  • New
  • Research Article
  • 10.24144/2307-3322.2025.91.2.11
Labor guarantees for mobilized employees: problems of legal regulation and ways of improvement
  • Nov 18, 2025
  • Uzhhorod National University Herald. Series: Law
  • A V Zhyla

In this paper, a comprehensive study is conducted on the labor guarantees of mobilized employees in Ukraine under the conditions of martial law. The issue of preserving the labor rights of individuals who fulfill their constitutional duty to defend the state has acquired exceptional relevance in connection with the prolonged armed aggression of the Russian Federation against Ukraine, the mass mobilization of citizens, and the transformation of socio-labor relations. Mobilized employees have become a category requiring the greatest legal and social support, as they simultaneously perform military duties while maintaining ties with their workplaces. The insufficient regulation of mechanisms for job retention, payment of average wages, compensation to employers, and guarantees for the family members of mobilized persons creates significant legal conflicts and social tension in society. To achieve the scientific goal, this article analyzes the key normative and legal acts, including the Labor Code of Ukraine, the Law of Ukraine “On the Organization of Labor Relations under Martial Law”, as well as the amendments adopted during 2022–2025 that define the legal status of mobilized persons. The paper highlights the Supreme Court’s case law, which reveals trends in the interpretation of labor guarantees during martial law. It also examines international experience in regulating labor relations in crisis situations, drawing on examples from the EU, the United States, and Israel, as well as ILO standards for ensuring social protection of workers under extraordinary conditions. Special attention is paid to substantiating the need to develop a state compensation mechanism for employers, improve the procedures for recording employment history, establish programs for post-mobilization adaptation and rehabilitation of employees, and regulate this mechanism. The paper identifies directions for harmonizing Ukrainian legislation with international labor standards. The scientific novelty of the article lies in a systematic analysis of the interaction between labor and military law under martial law, as well as in the formulation of concrete recommendations for improving the effectiveness of legal protection for mobilized employees and strengthening social stability within a rule-of-law state.

  • New
  • Research Article
  • 10.1080/00908320.2025.2587359
Offshore Wind Power through the Lenses of EU Climate, Energy, and Environmental Law—Between Climate Aspirations, Market Competition, and Environmental Impact
  • Nov 17, 2025
  • Ocean Development & International Law
  • Niko Soininen + 2 more

This article examines the coherence of European Union (EU) climate, energy, and environmental laws for offshore wind power, focusing on the ability of the EU legal system to manage trade-offs in offshore wind development. The topic is timely, as the EU is advancing an energy transition that includes offshore wind, while also aiming to protect and restore marine environments and biodiversity. In its current setup, EU law lacks the capacity to balance these trade-offs, with climate and energy goals taking precedence over ecological protections. This is visible in how climate change mitigation, energy security, and energy markets hold a dominant position in EU law to the development of offshore wind, while ecological considerations are paid lip service but offered little legal protection. This is problematic as the EU has set itself legal goals to both reach good environmental status of the marine environment and restore the marine environment. To support a timely transition with minimal ecological impact, we propose two recommendations on how to modify the current EU legal frameworks: The legal status of the Marine Strategy Framework Directive should be clarified and strengthened, and maritime spatial plans for offshore wind should contain legally binding no-go areas to protect marine biodiversity and ecology.

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