Legal Provisions Research Articles

QUYỀN CỦA NGƯỜI THỨ BA TRONG HỢP ĐỒNG VÌ LỢI ÍCH CỦA NGƯỜI THỨ BA

A contract for the benefit of third parties is a type of contract characterized by the existence of a third person who benefits and is not considered a party to the contract. Today, civil law recognizes a number of rights for third parties, which will ensure that third parties can receive benefits from the parties’ contract. However, current regulations on this issue remain unclear, leading to difficulties in applying and resolving related disputes. The article focuses on analyzing aspects of the rights of third parties in this type of contract, thereby highlighting some unclear points in current legal provisions and making recommendations to improve the law.

Pertanggungjawaban Pidana Pengurus Yayasan dalam Penggelapan Kekayaan Yayasan Pendidikan

This study aims to describe the Criminal Liability of Foundation Administrators in Misuse of Educational Foundation Assets. The method used in this study is normative juridical, namely research with data sources based on Laws, decisions, and other legal materials related to this scientific work with a Criminal Law perspective. Criminal acts of embezzlement in office without us realizing have occurred a lot and are difficult to identify because the perpetrators are still in the same scope as the institution, organization or company. The results of this study indicate that the defendant can be sentenced by the judge under Article 364 of the Criminal Code in conjunction with Article 64 of the Criminal Code so that the defendant is sentenced to 1 year in prison and is required to return the proceeds of the crime. In fact, Indonesia has special regulations governing Foundations along with criminal penalties for those who violate the legal provisions in Law No. of 2004 concerning amendments to Law No. of 2001 concerning Foundations. This is because there are certain criteria, namely the perpetrator as a core organ of the Foundation (Supervisor, Manager, Supervisor) so that someone who violates the provisions can be subject to articles in accordance with the Foundation Law. Keywords: Criminal Act, Embezzlement, Educational Foundation

Perlindungan Hukum Terhadap Konsumen Dalam Jual Beli Pakaian Bekas (Thrifting) Melalui Aplikasi TikTok

Abstract This research aims to provide an explanation regarding the legal provisions governing the legality of buying and selling second-hand clothing or thrifting through the TikTok application in Indonesia, as well as the protection offered by law to consumers who purchase second-hand clothing. To complement that objective, this research employs a Normative Juridical method using a Legislative approach. This research shows the following results: First, the practice of buying and selling second-hand clothing in Indonesia is not prohibited; however, if the second-hand clothing being sold is imported, this contradicts the Minister of Trade Regulation Number 51 of 2015 concerning the Prohibition of Importing Second-Hand Clothing and the Minister of Trade Regulation Number 40 of 2022 concerning Prohibited Export and Import Goods. Therefore, it is established that the activity of buying and selling imported second-hand clothing is ILLEGAL. Second, consumer protection in the buying and selling of second-hand clothing can be carried out in two ways: preventively, through the establishment of legislation on consumer protection, and repressively, through resolution between both parties (non-litigation) or by filing a lawsuit in the General Court (litigation). Keywords: Buying and Selling, Second-Hand Clothing, Import, Law, Consumer Protection.

APLICAÇÃO DA LEI MARIA DA PENHA ÀS MULHERES TRANSEXUAIS: APLICAÇÃO DA QUALIFICADORA

This study aims to analyze the application of the Maria da Penha Law in cases of violence against transgender women. The methodology used in this study involved bibliographic and documentary research, where the foundation for the work is based on legal doctrine, laws, and official publications. It is noteworthy that the nature of the research qualifies as qualitative, with the search for relevant information on the proposed theme being analyzed in a broad and comprehensive manner. Regarding the research within the scope of national law, the presence of the topic in laws, doctrines, and case law related to the theme was observed. Additionally, documentary research was conducted to expand the reach of the subject, aiming to optimize the achievement of the study’s objectives. At the conclusion of the study, it is possible to affirm the applicability of the Maria da Penha Law to cases of violence against transgender women, based on gender identity, with the identification as a woman being sufficient for the application of this legal provision. This understanding has already been established by the Superior Court of Justice (STJ), though the inclusion of this provision in the letter of the law is still necessary.

THỰC TRẠNG PHÁP LUẬT VỀ GIẢI QUYẾT TRANH CHẤP ĐẤT ĐAI VÀ GIẢI PHÁP HOÀN THIỆN

Land disputes are a common phenomenon occurring in social life. In particular, since land use rights are considered goods, land disputes are becoming increasingly complicated. In the process of implementing the plan to change the Land Law, the Draft Land Law (amended) has a number of new contents related to land dispute resolution that are worth noting. However, according to the new Land Law 2024 just passed by the National Assembly on January 18, 2024 (effective from January 1, 2025), this issue has almost nothing new compared to the provisions of the current Land Law 2013. Therefore, this article will analyze and evaluate current legal provisions related to land disputes, such as: concepts of land disputes, authority, procedures for resolving land disputes, guidelines for resolving land disputes, in order to contribute to perfecting the law on resolving land disputes in the coming time.

The Reflections of the CEDAW Convention on the Legal status of Women in Algerian Family Code

Even though the Convention on the Elimination of All Forms of Discrimination Against Women is the first international document that guarantees all rights for women in all areas of life and ensures all effective means to eliminate discrimination against them, the latter has come with a set of positive and negative effects on the Arab Islamic family and the Algerian family. After Algeria ratified the CEDAW convention to eliminate all forms of discrimination againstwomen and uphold the principle of equalitybetweenwomen and men, the family legislator found itself amending numerous legal provisions in line with the principles of the Committee on the Elimination of Discrimination against Women. This resulted in granting mature women the right to conclude their marriage contracts themselves, making their consent in the marriage contract equal to that of men. Additionally, it imposed restrictions on men’s right to polygamy as a safeguard for women while also bolstering their position in terminating marital relationships by granting them the right to seek divorce through khula and granting them guardianship rights.

ENSURING JUDICIAL INDEPENDENCE BY EVALUATING THE RECRUITMENT PROCESS AND LEGAL FRAMEWORK FOR JUDGES IN INDONESIA

As the highest judicial institution, the Supreme Court exercises its powers freely and independently. Judges must have morals, principles of justice, and adhere to a code of ethics. Judges must uphold justice in resolving disputes or legal cases and ensure that society receives justice. As state officials, the recruitment process for judges should be separated from the recruitment of civil servants. The position of judges as state officials should be regulated comprehensively by law. This research examines the recruitment process of judges as independent implementers of judicial power. The research method used is descriptive, using qualitative data analysis with a normative juridical approach. Supreme Court Regulation Number 1 of 2021 concerning Amendments to Supreme Court Regulation Number 2 of 2017 concerning the Procurement of Judges regulates the need for judges in General Courts, Religious Courts and State Administration through the acceptance of Candidates for Civil Servants that needs to be improved. This need arises because there are no legal provisions regarding the recruitment of judges as state officials. In the future, provisions for the recruitment of judges should be regulated through Government Regulations so as not to impact the independence of judges as implementers of judicial power.

Informational and legal aspects of protection of critical infrastructure of Ukraine

This paper is committed to the problems of legal regulation of critical infrastructure protection. It has been determined that the legal provision of protection of critical infrastructure has positive aspects, but at the same time it is affected by problems in public administration. The implementation of the provisions of the legislative act at the level of by-laws is rather slow. Informational and legal aspects of critical infrastructure protection determine the presence of a problem fields. The problems of legal regulation are caused by the complex nature of the information infrastructure, which causes difficulties in legal regulation. Another important aspect is finding a balance between the protection of critical infrastructure information and the government’s “open data” policy. This also causes difficulties for the policy of transparency and accountability in public administration. The specified problems cause a negative impact on legal regulation. Finding ways to solve this problem is an important task for law-making and legal science.

Pertanggungjawaban Pidana Pemimpin Negara Akibat Kejahatan HAM Berat dan Yurisdiksi International Criminal Court

The aim of this research is to understand the concept of handling carried out by the International Criminal Court, especially through the establishment of a Hybrid Court for serious human rights crimes committed by state leaders and also to understand the concept of accountability for state leaders who have immunity related to serious human rights crimes within the jurisdiction of the International Criminal Court. This research uses a normative juridical method where in the process it examines research from literature study materials and legal provisions, in this case the Rome Statute. Criminal liability of state leaders is a form of international legal instrument used to enforce accountability for international crimes committed by state leaders. International crime is something that has been happening for a long time. Various international crimes committed by state leaders have been in the spotlight of history because of the atrocities committed by the leaders of a state. This research will examine the responsibility of state leaders for serious human rights crimes committed by Liberian President Charles Taylor based on the jurisdiction of the International Criminal Court through the establishment of a hybrid court.

Analisis Proses Permohonan Perwalian atas Anak dari Saudara Kandung: Studi Putusan Nomor 375/PDT.P/2023/PA.SGM

Until now, the process of adopting a child or transferring guardianship of a child is still rarely carried out by most people, especially if the child adopted is the child of a sibling or family member, even though legally the application for guardianship of a child is very important in fulfilling the applicable legal provisions. both in court and outside of court. So this research needs to be carried out in order to find out the process for applying for guardianship over children from siblings by studying Decision Number 375/PDT. P/2003/PA. SGM. This research is qualitative research with a normative juridical type of research, using two approaches, namely the statutory approach and the Conceptual Approach. The results of this research prove that legally the petition submitted by the applicant in Decision Number 375/PDT. P/2003/PA. SGM, has fulfilled the applicable legal provisions regarding guardianship applications in religious courts, and the applicant has also fulfilled the 4 (four) conditions that must be met by a guardian, namely, that he is mature and sensible, can be trusted with the child's welfare and is fair, and is able to carry out his duties as a guardian and also a believer.

Conservation of the Mount Bawakaraeng Water Resources Area as a Form of Water Resources Management Through Sustainable and Environmentally Sound Development Strategies

Objective: To assess the impact of land cover change on the problems of erosion, sedimentation, flooding, and water scarcity in the Jeneberang watershed and to formulate comprehensive policy and strategy recommendations for the conservation and sustainable management of water resources in the Mount Bawakaraeng area. Metode: This research use of method of conducting legal research known as normative – empirical method, which combine aspects of normative law with data or empirical components. This method is also used to learn how normative legal provisions (laws) are applied to each specific legal event that takes place in community. Results: The change in land use has led to an increase in erosion, sedimentation, flooding, and water scarcity in the Jeneberang Watershed. Deforestation and forest degradation in the upstream area of the Jeneberang watershed have caused various problems related to unsustainable water resource management. Conclusion: the need for a comprehensive and integrated approach in water resources management in the Mount Bawakaraeng area, guided by Sustainable Development Goals (SDGs) and the principles of Integrated Water Resources Management (IWRM). This includes: Strengthening legal and regulatory frameworks for forest and land conservation, Promoting sustainable land management practices among local communities, Improving coordination and collaboration among stakeholders in watersheds, Improving monitoring, data collection, and evidence-based decision-making, Providing alternative livelihood opportunities to reduce pressure on natural resources.

Legal Provisions and Practical Effects of Burden of Proof in Online Copyright Infringement Cases Under China’s Copyright Law

This paper explores the legal provisions and practical effects of the burden of proof in online copyright infringement cases under China’s Copyright Law. With the rapid growth of digital technology and the increasing prevalence of online platforms, copyright infringement has become a significant challenge in China. The paper examines the specific rules set forth in the Copyright Law, particularly those that allow for a shift in the burden of proof upon the presentation of preliminary evidence by the copyright holder. It analyzes the impact of these provisions on both plaintiffs and defendants, highlighting the benefits of empowering copyright holders and the challenges associated with procedural fairness, evidentiary standards, and judicial consistency. The paper also discusses the evolving use of digital evidence, such as blockchain technology, and the need for clearer guidelines to balance the rights of all parties. Ultimately, it argues for continued refinement of the legal framework to ensure effective and equitable copyright enforcement in the digital age.

Peculiarities of normative regulation training of specialists in security activities

The article deals with the peculiarities of professional training normative regulation of security personnel. It was found that there is no scientific research on the normative regulation of the qualification requirements that are put forward to the security personnel. The aim of the research is to prepare proposals for improving the regulatory regulation of security specialists’ training. To achieve the goals of the article, a complex of scientific methods was used: formal and dogmatic one - during the analysis of the provisions of normative legal acts in the sphere of security activities; comparative legal method - within the limits of comparing the norms of legislative and by-laws. The application of the methods of analysis, synthesis, induction and deduction made it possible to build a logical structure of the scientific article and draw reasonable conclusions regarding the optimization of normative regulation of the educational training of security specialists. The present research analyzed the history of legal regulation of security specialists’ training in Ukraine, identified shortcomings and gaps in the regulatory framework of this sphere of activity. It was established that the existing standards of higher education do not take into account the needs of subjects of security activities in the training of security personnel. It has been proven that the normative and legal framework in the sphere of security activities does not require specialists in organization of security measures to have a specialized higher education. It is justified that the bachelor’s degree holders (specialty «Personal and Property Security») and master’s degree holders (specialty «Security Activities and Safety») should not have different specializations. It was concluded that the differences can only be in the focus of the training specialties of bachelor’s and master’s degrees holders: for subjects of security activity - specialty 076 «Entrepreneurship, Trade and Exchange Activity», and for subjects of state security bodies - specialty 251 «State Security». On the basis of the conducted research, suggestions were made regarding the improvement of the Law of Ukraine «On Security Activities» dated March 22, 2012 and the Licensing Conditions for the Conduct of Security Activities, which were approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 18, 2015 No. 960.

From Administrative Price to Market Value of Real Estate. The Evolution of the Valuation System in Poland

Abstract The article applies the method of historical research, using a temporal perspective dating back to 1985, to trace the evolution of market valuation principles for real estate in Poland. These principles evolved similarly to those in many other post-socialist countries, influenced by political and socio-economic transformations and the resulting list of objectives for which these values became essential. The changing legal regulations allowing for the emergence and development of a free real estate market played a decisive role in this process. It was also a period of preparing real estate valuation professionals to meet these requirements. Today, the methodology of valuation, under increasing pressure from various real estate market entities and the rapid advancement of intelligent data collection and processing technologies, is undergoing further evolution. In many countries, including Poland, lively discussions and disputes are ongoing regarding the legal authorization of statistical tools and automated valuation models in valuation practice. These possibilities are being considered particularly in the context of mass property valuations for tax purposes. The methodology involves the analysis of Polish legal provisions, foreign literature, and documents proving the gradual marketization of valuation principles.

Improving asset confiscation: in the quest for effective and just solutions

The quest for effectiveness in criminal law results in creating non-punitive sanctions based on evidentiary facilities and lowered standard of proof. European courts, while focusing on procedural safeguards, perceive the structure of criminal sanctions as an element of national penal policy and leave it to the national authorities. The latter may, however, be ready to sacrifice certain important aspects of criminal law, like judicial discretion or individual guarantees, for the sake of unspecified ‘effectiveness of legal regulations’. In case of asset confiscation such approach can result in forfeiture of significant quantities of property without the certainty that it actually comes from a crime. Therefore, it seems necessary to identify the framework of criminal law principles applicable to non-punitive sanctions, in order to receive – while interpreting legal provisions – an effect that is not only a (presumably) effective, but also a just solution. This paper contributes to this issue with particular emphasis on extended form(s) of asset confiscation.

Management Effectiveness Evaluation using the Bayesian Belief Network Approach: A case study of Cu Lao Cham Marine Protected Area, Vietnam

Abstract The Kunming-Montreal Global Biodiversity Framework set an ambitious target of safeguarding 30% of the Earth’s land and sea through well-managed Protected Areas (PAs) by 2030. Despite 196 countries committing to expand PA coverage, a lack of evidence on existing PA effectiveness and limited data on human-ecosystem interactions pose formidable challenges to implementation and prioritising conservation funding. Within this context, this paper aims to test a simple and user-friendly model, which is based on Bayesian Belief Networks, in evaluating the management effectiveness of Cu Lao Cham Marine Protected Area (CLC-MPA) in Vietnam. It focuses on assessing whether the MPA is effective in achieving its conservation objectives and if the target resources can endure the current pace of economic development. The study underscores the importance of prioritising eco-tourism and sustainable local economic models amid the intense forces of mass tourism development. It argues that tourism carrying capacity for CLC should be estimated at the outset of sustainable tourism development plan. Besides, there is a need for an integrated approach to MPA management to include legal provisions to address the impacts of tourism and pollution. Also, given the increasing pressure from incoming fishers, it is essential for increasing trans-provincial coordination for better enforcement of MPA regulations.

ENSURING PROSECUTORIAL SUPERVISION OVER THE USE OF EXPERT KNOWLEDGE IN CONDUCTING INVESTIGATIVE ACTIONS

This article explores the role of specialists and experts in criminal investigations, emphasizing their legal involvement in procedural actions, such as interrogations and evidence collection. The distinction between specialists and experts is highlighted, with experts possessing broader procedural powers in analyzing case-relevant information. The participation of educators, especially in cases involving minors, is emphasized as critical for obtaining reliable testimony. Additionally, the role of interpreters is examined, emphasizing their importance in ensuring the rights of non-native speakers during criminal proceedings. The article underscores the prosecutor's responsibility in monitoring the proper use of specialists, experts, and interpreters, as well as the importance of maintaining accuracy and preventing potential misuse. The article also touches upon legal provisions related to the participation of third parties, such as educators and interpreters, during interrogations and investigative actions, providing insights into best practices.

UNVEILING THE SIGNIFICANCE OF PROPOSING HIBAH AS AN ALTERNATIVE TO NAFKAH SECURITY FOR WIDOWS

In recent years, there has been increasing interest in the study and promotion of hibah (gifts) as one of the alternatives in Islamic estate planning. This paper aims to shed light on the instrument of hibah as an alternative payment for nafkah (alimony) to the wife as security for maintaining the widow’s claim to the husband’s property after the husband's death. This study adopts a doctrinal approach as it requires an examination of the legislation relating to hibah and nafkah based on several legal provisions from the various statutes in Malaysia. This approach is important to clarify the current and existing legal provisions relating to hibah and nafkah from the various statutes as a specific hibah and nafkah law has not yet been enacted in Malaysia. Finally, this study is also based on library-based research where the data were collected from primary and secondary sources. Overall, this study provides valuable information on the existing legal provisions on hibah and nafkah in Malaysia and makes some important recommendations to safeguard the rights of women in property distribution, especially widows. It takes into account that Islam encourages the practise of systematic estate planning to ensure the rights of heirs to the deceased’s assets. The findings of this study will raise awareness of the need for proper wealth planning by the hibah for women, which will ultimately benefit widows after the death of their husbands.

Revenues and expenditures of the state and local budgets in Ukraine in peacetime and under martial law: regulatory and legal provisions

Revenues and expenditures of the state and local budgets in Ukraine in peacetime and under martial law: regulatory and legal provisions

The Interplay of Banking Development and Legal Reforms

The enforcement of mortgage rights plays a pivotal role in ensuring economic stability and protecting citizens' financial interests. Within the broader context of economic governance, the banking sector acts as a fundamental pillar, driving economic growth and safeguarding financial certainty. This study examines the regulatory framework governing the enforcement of mortgage rights in Indonesia, emphasizing its impact on financial security and the reduction of Non-Performing Loans (NPL). Through a normative juridical approach, this research analyzes the existing legal provisions in Indonesia and explores avenues for enhancing the mortgage enforcement process. In addition to legal analysis, philosophical discourse is employed to understand the practical challenges in enforcing mortgage rights. A comparative approach focuses on the Indian legal system, where mortgage rights can be executed without court intervention. India’s approach has effectively reduced Non-Performing Assets (NPA), offering valuable insights into Indonesia’s legal reform efforts. The study suggests adopting a comparable framework in Indonesia could streamline mortgage enforcement procedures, reduce litigation, and enhance financial stability. This research aims to contribute to Indonesia’s broader economic management and governance strategies by proposing legal reforms and promoting a more efficient, competitive, financial security, and equitable financial system.KEYWORDS: Legal Reform, Banking, Morgage Rights, Indonesia, India.