Legal Provisions Research Articles

Juridical Analysis of the Legal Protection of Workers / Laborers Against Termination of Employment That Is Not in Accordance with Law Number 6 of 2023 concerning Job Creation

Law No. 6 of 2023 on Job Creation aims to encourage economic growth in Indonesia, but it also brings significant changes to labor regulations, including the expansion of the reasons for Termination of Employment. This research aims to analyze legal protection for workers who are laid off not in accordance with the provisions of the law. In addition, this study seeks to understand the challenges of protecting workers' rights in the midst of increasingly complex labor dynamics. The approach used is a normative approach, analyzing various related regulations, especially the Job Creation Law and the Employment Law. This study also examines the theory of legal certainty, justice, and legal protection as an analytical framework. Using a case study approach, this study analyzes the case of unilateral termination of employment at PT BFI Finance as a concrete example to assess the application of legal provisions in practice. The research method used is normative legal research with secondary data, including primary, secondary, and tertiary legal materials. The results of the study show that the Job Creation Law provides a clearer legal framework regarding the layoff procedure and legitimate reasons. However, there are challenges in the implementation and enforcement of the law that need to be overcome, considering that there is still a gap between legal provisions and practices in the field that can be detrimental to workers' rights. The research recommendations include the need for more intensive socialization to workers and employers about the new provisions, as well as consistent law enforcement to protect workers' rights.

Involvement of foreign judicial experts in criminal proceedings in the order of international cooperation

The article is devoted to the analysis of the norms of the criminal procedural legislation of Ukraine and other normative legal acts on the issues of forensic expert activity, which regulate the procedural mechanism of involving experts from other states who possess special knowledge and skills necessary to provide substantiated and objective written conclusions during pretrial investigation and trial. Since the introduction of martial law in Ukraine in February 2022, the country has faced an urgent need to conduct an excessive number of forensic examinations in criminal proceedings related, in particular, to the identification of unidentified bodies and human remains. The scale of the tragedy required the involvement of foreign experts to conduct relevant research related to the development of DNA profiles of the victims and their relatives. The article states that international cooperation during criminal proceedings includes, in addition to the fulfillment of requests for investigative (search) actions on the territory of other states in order to obtain evidence, the creation of joint investigative teams for the investigation of crimes, as well as the use of special knowledge in the form of forensic examinations. It is concluded that the involvement of foreign experts in criminal proceedings in Ukraine in the order of international cooperation is provided for by the provisions of normative legal acts of a national nature, albeit in a rather general form. However, the procedural mechanism of involving experts and the order of international cooperation clearly need to be refined. Based on the results of the analysis, the actual mechanisms for involving foreign experts in criminal proceedings, which are provided for by the Criminal Procedure Code of Ukraine and the Law of Ukraine «On Forensic Expertise», as well as existing gaps in the legislative regulation in this area, have been determined. Judicial practice also points to the possibility of involving specialists from other states for joint forensic examinations in criminal proceedings.

Islamic Family Law Reform in Indonesia: A Review of the Supreme Court's Decision on the Postponement of the Distribution of Joint Property

The settlement of joint property between husband and wife after divorce often ends up in the Religious Court, even reaching the level of cassation and judicial review (PK), such as in the Supreme Court Decision Number Register 159/K/AG/2018. In this case, especially related to disputes over joint property in marriages with minor children, the Supreme Court not only refers to the normative law contained in the law, but also considers a sense of justice and benefit. This research uses a qualitative descriptive method with an empirical juridical approach. This approach is referred to as empirical legal research because it focuses on analyzing the implementation of normative legal provisions directly (in action) in certain legal events in society. Primary data was obtained from Supreme Court decision No 159 K/Ag/2018, No 618/Pdt.G/2012/PA.Bkt, No 38/Pdt.G/2013/PTA.Pdg, No 88K/Ag/2015, No 159/K/AG/2018, No 99/Pdt.G/2023/MS, as well as laws related to the research being discussed. Secondary data is obtained from books, scientific articles and previous research results related to joint property and those that have the same discussion. Data collection techniques using literature study and qualitative data analysis are used to explore certain phenomena and find out the causes. The results showed that the Supreme Court judge in deciding this case used the method of legal discovery through legal interpretation, especially systematic interpretation and sociological interpretation. In the case, the judge postponed the division of joint property until the children of the disputing parties reached the age of mumayyiz, thus showing attention to aspects of substantive justice. Systematic and sociological legal interpretations by judges show that in resolving post-divorce joint property disputes, especially those involving minors, judges must consider the social realities that live in society to actualize justice. This emphasizes the role of judges not only as law enforcers, but also as guardians of the public good. This research concludes that legal discovery by judges through interpretation based on systematic and sociological approaches can realize concrete justice in society, especially in divorce cases involving children.

The right of local government employees to expungement of disciplinary offences processed digitally in Jordanian and Qatari legislation

This paper examines a right that has emerged due to the activities performed by users on the internet, specifically the right to digital expungement of disciplinary offences committed by Municipal Employees and the penalties imposed on them, and its relationship with public service. The issue addressed is whether the legislative provisions in Qatar and Jordan are sufficient to safeguard and preserve this right. This paper demonstrates all the legal provisions related to the right to digital expungement of disciplinary offences and applies an analytical comparative approach between the Jordanian and Qatari legislation. In conclusion, with several findings and recommendations, this study highlights the existence of a relationship between the right to digital expungement and the statute of limitations for disciplinary offences and penalties due to the similarity in their legal effects. The study recommends reversing the recent amendment to the Civil Service Regulation No. 34 of 2024, which deleted the provisions related to the statute of limitations for disciplinary offences and the expungement of disciplinary penalties after a certain period defined by the relevant stipulations. It suggests adding these provisions to the new Human Resources Management Regulation No. (33) Of 2024.

Analysis of Theoretical Views on the Concept of Corruption and Crimes Related to Corruption in the Criminal Code of the Republic of Uzbekistan

Abstract: Corruption remains one of the most critical challenges for governance, economic development, and social stability in many countries, including Uzbekistan. This article offers a comprehensive analysis of the theoretical perspectives on the concept of corruption and the legal framework surrounding crimes related to corruption under the Criminal Code of the Republic of Uzbekistan. By examining both international and national definitions and classifications of corruption, as well as recent legal reforms, this paper aims to contribute to a deeper understanding of how corruption is treated in Uzbek legal theory and practice. The analysis also highlights key legal provisions, judicial approaches, and challenges in combating corruption, providing a basis for future reforms and enhanced anti-corruption strategies.

Examining the Role of the Law in Curbing Money Laundering in Uganda

This article examines the role of the law in curbing money laundering in Uganda. The article revealed that money laundering continues to be the most common form of financial crime in Uganda. Notably, the advancement in technology has further facilitated money laundering, particularly with the availability of electronic transfers, online gaming, and virtual casinos. Money launderers find it safer to deposit ‘dirty money’ in other countries to minimize the risk of detection. The availability of private financial institutions, such as high-end financial centres, has also increased the smuggling of cash. On this note, the study calls for regulators to examine the AML framework in light of technological developments that have opened new avenues for money laundering. To achieve this, they should conduct empirical studies to determine the effectiveness of the AML regime as well as assist them in devising new ways to counter money laundering. More importantly, all countries should strive for financial inclusion in order to overcome the challenges associated with implementing AML measures. What is more, achieving an optimal regulatory regime requires the concerned authorities to conduct a cost-benefit analysis of the purported benefits of the regulations against the alternative options. The analysis will assist in eliminating unsuitable and cumbersome legislation. Through conducting a qualitative and quantitative assessment of the cost and benefits of the AML legislation, the regulators can objectively view the impact of the regulations and verify if the benefits outweigh the potential costs to society. Keywords: Authorities, Financial crimes, Legal provisions, Money laundering, Underdevelopment

A Critical Overview of the Implementation of Right to Information in Sri Lanka

The Right to Information (RTI) is integral to the concept of democracy today, as it embodies key democratic principles including good governance, transparency, and accountability of public authorities. In Sri Lanka, the Right to Information Act No. 12 of 2016, introduced through the 19th Amendment to the Constitution in 2015, stands as a significant initiative within the country's legal framework. Despite being ranked as the world's 4th best mechanism, the practical implementation of Sri Lanka's RTI regime faces several shortcomings even nearly after a decade. Hence, the objective of this research is to critically evaluate the practical application of the Black Letter Law related to the right to information in Sri Lanka. This literature-based qualitative research is a comparative study of jurisdictions. Right to information laws, conventions, legislation, case law, and scholarly publications were used to analyse and identify gaps and propose recommendations based on global best practices to create a robust implementation mechanism for RTI. The study reveals that language barriers, rejection of information on unreasonable grounds, lack of knowledge and awareness, exclusion of NGOs and private organizations from RTI coverage, inadequate media intervention, and misuse of legal provisions are key barriers for coherently executing the right to information in Sri Lanka. Adhering to the principle of maximum disclosure, establishing strong oversight mechanisms, implementing effective records management, fostering supportive political and civil society cultures, and providing training for information officers are recommendations for building a robust RTI mechanism in Sri Lanka. Sri Lanka can also gain insights from India to follow innovative approaches for public awareness at grassroots levels. Thus, it can be concluded that despite a strong legal framework, overcoming implementation barriers requires coordinated efforts and close monitoring.

Penyuluhan Hukum Tentang Politik Uang Bagi Siswa Sekolah Menengah Atas Sebagai Upaya Mewujudkan Pemilih Cerdas

This service activity aims to increase legal knowledge about money politics for high school students as an effort to create intelligent voters. This activity was carried out at SMA Negeri 2 South Konawe and Madrasah Aliyah DDI Nurul Qalbi Ranomeeto. The method of implementing this community service used interactive counseling with evaluation instruments, namely pre-test and post-test. Furthermore, the data analysis technique for this community service was analyzed descriptively. The results of this community service showed that there was an increase in students' understanding of the criminal law aspect of money politics practices. Through insight into criminal regulations on money politics practices, it could guide students in acting in society in accordance with legal provisions so that it has implications for the realization of smart voters.

A citação por aplicativos de mensagens (WhatsApp) no processo penal brasileiro e sua compatibilidade com o direito ao contraditório

The article presents a study on the right to service of process as a logical consequence and prerequisite of the right to a fair trial. From this starting point, it seeks to understand whether the loosening of procedural requirements for summons, particularly with the growing use of messaging apps without legal provision, is compatible with the accusatory criminal procedure. A qualitative methodology is employed, based on empirical data, by collecting rulings from Brazilian higher courts (STJ and STF) on the use of WhatsApp for summons to investigate how this issue has been addressed. The following questions are explored: how did the acceptance of the relaxation of summons formalities in the higher courts' jurisprudence develop? Is this compatible with the right to a fair trial? In conclusion, the study found that the increasing loosening of procedural requirements for summons is empirically verifiable in the STJ and STF and has been implemented without the necessary precautions, which is incompatible with the right to a fair trial.

Agricultural Land Rental Arrangements in Nepal: Incidence, Forms, Determinants, and the Current Legal Provisions

Given the fragmented and small size of land holdings in Nepal, the viability of crop production is a pressing concern. Rental or tenancy arrangements, which equalise marginal returns from factors of production across households, offer a solution to this viability crisis. In this context, our study is unique as it not only examines the incidence and forms of tenancy, but also identifies the determinants of the land leasing decision of rural households, and discusses their implications for agrarian development in Nepal. Drawing on primary survey data from 350 households in six districts of plains and hills, we provide evidence of the widespread prevalence of informal tenancy in Nepal. Despite locational variations explained by the location-specific cropping patterns, sharecropping and fixed-rent are found to be the primary forms of tenancy contracts. A Tobit regression analysis identifies certain household level, farm level, and location-specific characteristics as important factors influencing land leasing decisions. Our analysis suggests that the land supply in the land lease market may increase in the future, and therefore, it is pertinent to examine the legal provisions that govern the use of such lands. Hence, we also examine the legal provisions concerning tenancy relations.

Transformation of the science of Information Law and information legislation: a new stage in the conditions of scientific and technological development of Russia

The authors of the article analyze the current trends in the development of the doctrine of Information Law and information legislation in the context of updated tasks for the scientific and technological development of the Russian Federation. It is noted that in the context of the development of an information society based on the digital economy and the data economy, the transformation of law is taking place, which is largely facilitated by the active evolution of Information Law, the expansion of its subject due to the rapid formation of digital law as a basic institution (an emerging sub-sector) responsible for the features of legal provision of information processes and phenomena in digital form. It is within the framework of this industry that legal support for the digitalization of society takes place both at the expense of basic information and legal norms governing the basic provisions (principles of regulation of digital relations, the regime of digital data and other objects of the digital environment, the legal status of subjects of the digital environment, as well as other legal aspects that reflect the essence of the digital form, the application of which is universal and can be applied in law in general), as well as through industry-specific digital norms developed and adopted within a particular branch of law, reflecting the specifics of the implementation of digital processes in relation to a specific area of public relations, regulated by the relevant branch of law. The main directions of scientific and technological development and the tasks of Information Law are also studied. The authors note that the scientific and technological development of Russia today is based on a number of principles that are important to take into account in the development of information legislation and the science of Information Law. Modern information processes and technologies directly permeate and ensure the functioning of all priority areas of scientific and technological development and are part of or ensure the application of all the most important high-tech technologies. In this regard, it is important to work out and consolidate at the theoretical level in information legislation mechanisms that contribute to the effective implementation of the accelerated development and introduction of these important knowledge-intensive technologies into the economy, including within the framework of national projects to ensure technological leadership. As a result of the analysis of critical and end-to-end technologies, it was revealed that the main emphasis in the development of information legislation and the doctrine of Information Law should be placed on the formation of models for regulating the use of artificial intelligence technologies in economic sectors, the social sphere (including the sphere of public safety) and in public authorities, including the development of regulation of robotics, as well as microelectronics technologies and photonics for information storage, processing, transmission and protection systems, technologies of secure quantum data transmission systems. The authors draw a number of conclusions about the development of the principles of regulation of artificial intelligence, as well as the prospects for the development of legal regulation of the field of robotics. The analysis is given of the discussed problems of Information Law at the Seventh Bachilov Readings, held in 2024 at the Institute of State and Law of the Russian Academy of Sciences.

Theoretical approaches to the concept and essence of underage subjects of information relations in the context of legal communication

The article deals with theoretical approaches to the concept and essence of underage subjects of information relations in the context of legal communication. The article aims to provide a systemic analysis of the legal framework for minors’ information security and formulate a comprehensive approach to its development in the context of the digital transformation of society. The object is social relations aimed at legal support of information security of minors. The subject of the study is a set of legal acts of Ukraine and international legal acts regulating public relations in the field of ensuring the information security of minors when using information technologies. The study is based on a comprehensive approach to the model of legal support for the information security of minors, taking into account their special status, based on an interdisciplinary approach. The systemic analysis expands the understanding of the peculiarities of subjects and objects of information relations related to the legal provision of information security of minors, and the conceptual and categorical apparatus in this area. The legal provisions relating to the information security of minors as subjects of information law are homogeneous in nature. They are widely used by various branches of law. It is noted that the system of information rights of minors should contain an element of development and formation of minors in the modern digital space and should consider a minor as a person who has reached a certain level of digital maturity. The second important element of the system of information rights is the right to use secure information technologies in the educational process, based on the right to secure information interaction, expressed in the absence of destructive influence as an element of care for children’s information and psychological safety. It creates a sub-institution of information security of a minor as a component of the institution of legal support for the information security of a person. It expands theoretical and informational concepts regarding the content of the specific features of information rights of minors as independent subjects of information relations.

Perlindungan Hukum Kreditur Konkuren dengan Menggunakan Mekanisme Gugatan Lain-Lain dalam Undang-Undang Nomor 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang

In the PKPU process, problems often occur, especially when the debtor defaults, which can trigger disputes between creditors, especially concurrent creditors who receive the last payment. Therefore, there is a mechanism for other lawsuits as a legal tool to protect the rights of concurrent creditors. The purpose of writing this article is to explain the legal protection for concurrent creditors through the mechanism for other lawsuits in the context of debt payment suspension and bankruptcy, based on Law Number 37 of 2004. This study uses a normative legal method with a statutory and case approach to analyze relevant legal provisions and practices in the field. The results of the study indicate that although Law Number 37 of 2004 provides a clear legal framework for the protection of concurrent creditor rights, there are still challenges in its implementation. Obstacles such as inconsistent law enforcement and lack of debtor awareness of creditor rights affect the effectiveness of such protection. Therefore, it is important for creditors to understand and utilize existing legal mechanisms to protect their interests during the bankruptcy process.

Reformulation of the Application of Restorative Justice towards Narcotics Abusers Through

Drug abusers may be subjected to criminal sanctions based on the severity of the violation, while drug addicts are directed towards treatment and rehabilitation through government-organized rehabilitation programs. The current criminal justice system predominantly adopts a punitive approach, necessitating a strategic criminal policy, particularly in addressing drug abuse offenses. This study seeks to identify the urgency of reformulating the application of restorative justice for drug abusers through rehabilitation, as well as to explore the reformulation of restorative justice implementation for drug abusers within Indonesia's law enforcement framework. The research methodology employed in this study is normative juridical. The findings underscore the critical need for the application of rehabilitation for drug abusers through a restorative justice approach, which is supported by various pressing factors, including those related to health, social welfare, and criminal policy. The reformulation of criminal penalties under Article 127 of Law Number 35 of 2009 on Narcotics is imperative, as it would foster consistency and integrity in the application of legal provisions to drug abusers, ensuring uniformity in legal standards. Such reformulation would provide all drug abusers with a structured and guaranteed opportunity for rehabilitation. Several strategic actions must be undertaken to optimize the implementation of this policy, including the urgent reformulation of Article 127 of Law Number 35 of 2009 on Narcotics to address discrepancies in the inconsistent application of imprisonment sentences.

Akibat Hukum Perkawinan tidak Tercatat terhadap Legalitas Anak di Dsn Tanjung Desa Taman Jrengik Sampang

Marriage is a human right, as stated in Article 28B paragraph (1) of the Second Amendment to the 1945 Constitution, and marriage is explicitly regulated in Law No. 1 of 1974 on Marriage. Article 2 of the Marriage Law states that marriage must be registered according to the applicable laws and regulations. However, this cannot be fully implemented throughout Indonesia, especially in the Dsn Tanjung area, Taman Kec Jrengik Sampang. One of the factors preventing full implementation is that marriages are conducted underage. This research uses an empirical research approach, also known as field research. The purpose of this method is to investigate the applicable legal provisions and their implementation in society. The research results show that children born from unregistered marriages face difficulties in obtaining civil status and legal certainty.

Legal Vacuum Regarding the Election of the Head of the District Which is Followed by Only a Single Candidate

This study seeks to examine the legal vacuum surrounding regional head elections that feature only a single candidate, as well as the legal implications that arise from this scenario. In a democratic system, the principle of popular sovereignty necessitates a fair and free electoral process; however, the absence of clear regulations for regional head elections with a solitary candidate can jeopardize the integrity of this principle. Employing a normative legal methodology with both legislative and conceptual approaches, this study investigates various regulations that govern regional head elections and assesses how this legal vacuum impacts the electoral process and the constitutional rights of citizens. Additionally, the study identifies several strategies to address the legal vacuum, which include establishing clear legal provisions for the election process involving a single candidate, implementing a plebiscite mechanism, and enhancing transparency throughout the electoral process. The findings suggest that a more definitive and explicit legal framework is essential to uphold the principle of popular sovereignty in regional head elections featuring a single candidate.

CRIMINAL, CIVIL AND SOCIO-ECONOMIC ASPECTS OF THE PROTECTION OF UNBORN LIFE IN THE REPUBLIC OF KOSOVO

Background: Human life is a natural right, and as a fundamental right, its loss entails the loss of all other rights. Consequently, human life is protected by international and national legal acts. This study will approach the chosen topic from a critical thinking angle. Its purpose is to present the basic notions of life, tackle the protection of life through positive legal norms, examine the legal treatment of the unauthorised termination of pregnancy, and provide an overview of data related to such terminations. Furthermore, we will examine whether current legal provisions in Republic of Kosovo effectively safeguard life or, instead, permit the termination of unborn life. The topic will be approached from the perspectives of civil law and the socioeconomic aspect of this phenomenon. Given that Kosovo was once an Autonomous Region of the Socialist Federal Republic of Yugoslavia, we will draw a comparative parallel in terms of legal reforms. The importance of this study will be evident based on the fact that studies of this interrelated nature of such a topic are lacking. Consequently, such a study will be relevant to legislation and legal practice. Methods: The selected topic will be treated by applying the historical-legal method, the normative method, the comparative method, the method of analysis and the synthesis method. Through the application of these study methods, an effort will be made to achieve the goal and the study objective, always with the aim of providing concrete answers to the research questions and validating the raised hypotheses. Results and Conclusions: While it must be accepted that termination of pregnancy is not murder, it is crucial to recognise that if it occurs at advanced stages of fetal development, it cannot be called anything other than murder. In addition to the legal fragility facing Kosovar society, there is also a notable weakness in the punitive policy. This policy, in its effort to be humane towards the perpetrators of criminal offences, may fail to achieve its intended objectives. Consequently, there is an urgent need for a shift in legislative policy concerning certain antisocial phenomena. Such a change would inherently lead to a reevaluation of punitive measures, especially considering that the criminal offence of unauthorised termination of pregnancy continues to be present in our society.

Normative and legal provision of the Zemstvo reform and reorganization of the administrative system of Subcarpathian Rus (Transcarpathia) in 1927–1938

Normative and legal provision of the Zemstvo reform and reorganization of the administrative system of Subcarpathian Rus (Transcarpathia) in 1927–1938

Alasan Pemberatan Hukuman dalam Tindak Pidana Memproduksi dan Mengedarkan Obat Tanpa Izin Edar di Kabupaten Kupang

Health is a state of health, both physically, mentally, spiritually and socially that allows everyone to live productively socially and economically. Health is based on legal provisions, including health law. The development of criminal acts in the field of health sciences One of the crimes in health law that is rampant is the crime in the field of pharmacy, one of which is circulating pharmaceutical preparations of drugs without a distribution permit. Drugs without a distribution permit cannot be freely traded to the public. This is not without reason, unlicensed drugs must be consumed in the right dosage so as not to endanger the health of the public or the people who consume the drug. This research is a normative juridical research using secondary data through literature studies, namely by using research on various sources of books, laws and regulations related to the crime of producing and distributing pharmaceutical preparations without a distribution permit. From the research conducted, it can be concluded that the application of criminal sanctions against criminal offenders who circulate pharmaceutical preparations without a distribution permit is contained in several laws and regulations, namely, Law No. 17 of 2023 concerning Health and Law No. 36 of 2009 concerning Health as a means of crime prevention. The implementation of this law is expected to ensnare the perpetrators of the crime of distributing pharmaceutical preparations without a distribution permit.

The Decisive Role of Educator in Ensuring the Vietnam Tertiary Education Quality

Many studies show that accreditation and education quality assurance achieve a large number of results relating to the quality of training programs, the quality of higher education institutions and contribute to the increase of international publications and domestic publications. But little scientific theoretical research has been done on these matters. Therefore, the article applies system theory, instructional leadership theory, bureaucracy theory and method of content analysis to clarify the decisive role of educators in the quality and effectiveness of education and training in Vietnam. This study founded that the basic and most important concepts such as "education quality" and "education quality standards", "tertiary education quality" and "tertiary education quality standards" have not been explained. Some provisions of the education law, such as regulations on the decisive role of educator in ensuring the education quality and on academic autonomy, are inadequately implemented. Therefore, the proposed solution is, on the one hand, to clarify and fully implement the legal provisions on "education quality", academic autonomy, “academic freedom” in effective ways without lavish. On the other hand, it is necessary to focus on implementing solutions to govern, manage, accredit, ensure and improve "education efficiency" which is understood as a solution that maximizes the benefits of education and minimizes its physical, financial and human costs.