Legal Recourse Research Articles

Shareholder rights in Ukraine: some protection mechanisms and corporate relations

This article provides a detailed analysis of the establishment and protection of shareholders’ rights in Ukraine, which is an important component of corporate governance and the country’s development. The protection of shareholders’ rights ensures the stability of financial markets and contributes to attracting investments. The legal status of shareholders, their rights, and obligations play a crucial role in the functioning of joint-stock companies. The primary way to acquire shareholder status is by purchasing shares on the stock market, as well as through the transfer of shares via inheritance or gifting. The Law of Ukraine «On Joint-Stock Companies» regulates these processes, establishing shareholders’ rights to participate in general meetings, receive dividends, and access information about the company’s activities. One of the important functions of the law is to provide shareholders with the opportunity to protect their rights in the event of violations. The mechanisms for protecting shareholders’ rights include legal recourse and filing complaints with the National Commission on Securities and Stock Market (hereinafter – NCSSM). This government body oversees the activities of joint-stock companies, ensuring compliance with legal requirements regarding the issuance and circulation of securities. The NCSSM also has the authority to impose sanctions on companies that violate shareholders’ rights. Transparency and openness in the activities of joint-stock companies are crucial aspects of shareholder protection. Companies are required to provide information about their financial activities and management decisions, but in practice, this is not always done properly. In such cases, the NCSSM may impose fines and demand that violations be corrected. In Ukraine, shareholder relations and corporate governance are undergoing significant transformations under the influence of globalization, continuous legislative updates, and the growth of the stock market. These changes create new opportunities for business development but also present new challenges for shareholders and companies. The protection of shareholders’ rights is one of the cornerstones of ensuring economic stability and forming an attractive investment environment. An effective system of corporate governance that guarantees fair protection of shareholders’ interests is a necessary condition for increasing trust in the Ukrainian market and attracting international investors. International practice plays an important role in the implementation of corporate governance standards in Ukraine. The principles developed by international organizations are aimed at ensuring fair treatment of shareholders, increasing transparency, and enhancing the accountability of management bodies. This contributes to the protection of shareholders’ rights, improves the investment climate, and fosters the development of corporate culture in Ukraine.

Environmentally Induced Human Displacement and Human Rights: Bridging Legal Gaps Through a Human Rights-Based Approach

Abstract This article discusses the complex issue of environmentally induced human displacement and emphasises the urgent need for a comprehensive approach to address it effectively. It begins by examining the terminology and underlying causes of environmentally induced human displacement and highlights the interdependence of environmental degradation, climate change and human migration. Next, it stresses the importance of protecting displaced individuals irrespective of terminology and advocates for a human rights-based approach as the most effective means to ensure their legal status and protection. The article calls for a paradigm shift within the human rights regime through the recognition of a right to a healthy environment in a legally binding global instrument. That shift would provide a stronger legal foundation for protecting environmentally induced displaced persons and would bridge the existing gaps in international law. Furthermore, the introduction of this right would empower States to clearly define their obligations and grant displaced individuals access to legal recourse and support systems, ensuring their rights are recognised and upheld.

No Time for Justice? Obstetric Violence, Damages Claims and Prescription Periods in South African Law

Obstetric violence is currently not acknowledged as a form of gender-based violence in South African law. In this article I deal with the various issues associated with this failure to correctly categorise obstetric violence. One of the issues relates to access to legal recourse for survivors through delictual claims (torts). Delictual claims are wrongful acts or limitations of rights that can lead to legal liability in the form of monetary compensation. The current framing of obstetric violence as medical malpractice limits women's time to launch a case to only three years after the violation. To show how this issue of prescription (a legal principle where an outstanding debt can be extinguished after a prescribed time period) plays out, I focus on the 2020 report by the South African Commission for Gender Equality (CGE) on the forced or coerced sterilisation of women living with HIV at state healthcare facilities. I also examine the current case of the Centre for Applied Legal Studies (CALS), a university-based human rights law clinic, which represents over 40 women who have experienced different forms of obstetric violence at state-run facilities. In both of these examples, I explain how justice through legal recourse is denied to these victims or survivors through the mischaracterisation of obstetric violence as medical malpractice in current South African law. To show that the three-year ‘limit’ or prescription period to institute a legal claim is unjustifiable, I explore three reasons why women may not choose to or be able to proceed with a legal claim within that time period. The first of these relates to the ‘personal’ barrier women face around acknowledging they have experienced obstetric violence and bringing a claim against the state. The second, the ‘political’ barrier, includes the general and prevalent systemic gender discrimination experienced by women in South Africa and the specific barriers women face around access to dignified treatment in the country's public healthcare system. Finally, an ‘economic’ barrier is the general inaccessibility of legal representation for economically disadvantaged people in the country. Proceeding from the above, I then argue that by acknowledging obstetric violence as a form of gender-based violence and aligning it with legislation around prescription periods for other forms of gender-based violence (such as sexual offences), the burdens related to access to justice (at least in delict) can be lightened for survivors.

Judicial Study: Parties' Opposition (Partij Verzet) in Proceedings to Execute Land Ownership Rights Under Civil Procedure Law

Court decisions that have legal force must be complied with, and execution carried out if the losing party does not voluntarily comply with the judgment. Issues arise when the losing party appeals or takes other legal actions, delaying execution and creating legal uncertainty. Execution is applicable only to condemnatory judgments and is often obstructed by respondent's resistance, a legal challenge from the party involved in the case. The researcher highlights three cases of legal resistance efforts: the South Jakarta District Court decision number 518/Pdt.G/1999/PN Jkt.Sel, Kendal District Court decision number 20/Pdt.Bth/2021/PN Kdl, and Kendal District Court decision number 9/Pdt.Bth/2022/PN Kdl. This study employs a normative juridical method, examining descriptive-analytical literature, and utilizes a qualitative juridical approach in analysis. The research reveals discrepancies between legal certainty theory and judicial practice, where cases may not align with facts or legal standing, leading judges to reject such requests. The study concludes that respondent's resistance is a legal recourse available to the executed party against execution, which does not automatically suspend execution unless there are clear and accepted grounds recognized by the court. The Indonesian Civil Code (HIR) and Civil Procedure Law (RBg) provide legal certainty and protect the rights of those aggrieved by court decisions through the mechanism of respondent's resistance.

Legal Aspects in Developing Security Systems to Counter Fraud and Manipulation Threats in Online Gambling

Online gambling emerges as an endeavor characterized by pecuniary stakes, wherein the operational mechanics and wagering parameters are established by entities overseeing online gambling activities. Facilitated by electronic media and internet connectivity, this milieu offers a platform for the engagement of such pursuits. Supplementing the legal underpinning provided by the Indonesian Criminal Code, Law Number 7 of 1974 concerning the Regulation of Gambling furnishes supplementary provisions governing the conduct of gambling activities. The aim of this reseach is to address the legal aspects in the development of security systems to combat fraud and manipulation threats in online gambling. The process of criminalization ensues with the promulgation of statutes designating certain behaviors, akin to or resembling individual conduct, as proscribed actions subject to punitive reprisals. The research method using normative method legal research. This legislative trajectory culminates in the promulgation of laws prescribing penal sanctions for transgressions. Furthermore, the realm of gambling is subject to regulatory oversight within the purview of Law Number 11 of 2008 about Information and Electronic Transactions (ITE Law). Article 27 paragraph (2) of the aforementioned legislation proffers legal recourse against individuals who, with intent and sans entitlement, disseminate, transmit, or render accessible electronic informational and documentary material imbued with gambling content. Concomitantly, the legal strictures delineated in Article 303 of the Indonesian Criminal Code (KUHP) proscribe gambling activities, imposing penal sanctions that may encompass custodial sentences not exceeding ten

Realization Mechanism of Farmers’ Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts

In recent years, the paid withdrawal of rural homesteads has become a widely discussed topic within the academic community. However, from the perspective of protecting farmers’ rights and interests, literature exploring the impact of this policy’s implementation remains scarce. As the reform of the separation of the three rights of the homestead deepens, disputes related to paid withdrawal of homesteads have escalated rapidly. This study aims to highlight the importance of protecting farmers’ rights and interests, seeking to enhance their property rights and revitalize unused rural resources. Employing a case study methodology, this study systematically examines the issue of farmers’ rights and interests protection during homestead withdrawal. This analysis is based on the survey, collection, and evaluation of 324 judicial cases. The findings reveal the following: (1) Disputes involving paid withdrawal of homesteads encompass the entire withdrawal process, with the majority of conflicts arising during the withdrawal stage. (2) Prior to withdrawal, farmers express heightened concern regarding their political rights, particularly the right to be informed and to participate in withdrawal decisions. (3) During the withdrawal process, farmers prioritize resettlement and compensation rights. Additionally, novel issues such as the allocation of withdrawal compensation surface after farmers receive resettlement and compensation benefits. (4) After withdrawal, farmers anticipate more suitable “alternative” social rights and remedies. Based on these findings, this study presents policy recommendations for realizing farmers’ rights and interests in the context of paid withdrawal of rural homesteads. These suggestions include consistently respecting farmers’ autonomy and preserving their political rights throughout the withdrawal procedure. During the withdrawal stage, emphasis should be placed on the comprehensive value of resettlement compensation, encompassing both the residential and social security aspects of rural homesteads. Post-withdrawal, farmers’ social rights and the development rights of their homesteads ought to be fully guaranteed, ensuring a harmonious balance between farmers’ immediate and long-term interests. Furthermore, optimizing the dispute resolution mechanism stands as a pivotal aspect of safeguarding farmers’ rights and interests through legal recourse.

Social interactions and contract enforcement in the postcolonial Arab world. Evidence from the industrial elite of Morocco, 1956–1982

ABSTRACT This paper examines the role of social interactions in contract enforcement within the postcolonial Arab world, with a specific focus on Morocco. Through extensive interviews with members of the industrial elite during the import-substituting industrialization (ISI) period, we uncover a significant risk of contractual breaches. Despite this risk, there was a reluctance to use social connections to penalize those who breached contracts. Legal recourse was also rarely pursued. Instead, business leaders leaned on their social networks to assess potential partners and resolve disputes through bilateral channels. This reliance on social ties was facilitated by the close-knit and compact nature of the business community. In the post-ISI era, characterized by a larger and more diverse industrial elite, there was a noticeable increase in contractual disputes, accompanied by a shift towards more aggressive resolution methods. We present a theoretical model that elucidates how these dynamics naturally emerge from an environment where economic and social interactions are intertwined.

International Law in the Sudanese War 2023: An Overview of the Conflict and Law Enforcement

In early 2023, Sudan faced significant turmoil primarily driven by a civil war involving prominent military factions. The conflict stemmed from a power struggle and ideological differences between General Abdel Fattah Al Burhan, who assumed leadership of the armed forces and presidency, and his deputy, General Mohamed Hamdan Dagalo, who also heads the Paramilitary Rapid Support Force (RSF). This research aims to analyze the Sudanese conflict's impact on the population and the role of international law in addressing violations during the crisis. The war has exacted a heavy toll on Sudanese civilians, resulting in substantial loss of life and exacerbating humanitarian crises across the country. International law emerges as a crucial avenue for holding accountable those responsible for violations, encompassing both military and civilian populations. Employing sociolegal juridical methods, this study examines existing data pertaining to the Sudanese conflict and scrutinizes how international organizations enforce legal standards within this context. By leveraging international legal frameworks, this research advocates for applying legal sanctions to address violations committed by the Sudanese government and associated military factions. This approach seeks to provide legal recourse and justice for affected civilians while highlighting the imperative of international law in fostering accountability and peace amid ongoing conflict.

(102) EVIDENCE-BASED STRATEGIES FOR PREVENTING LOWER-LIMB COMPLICATIONS SECONDARY TO PROLONGED USE OF THE DORSAL LITHOTOMY POSITION

Abstract Introduction Patient positioning at the time of surgery plays a critical role in determining patient outcomes. Specific to patients undergoing genital gender-affirming surgery (gGAS), these patients are required to be placed in the lithotomy position to access the pelvis and perineum for their procedures. Lower-extremity injury due to prolonged surgical time in the lithotomy position can have significant post-operative morbidity affecting patient outcomes. This risk is increased in patients undergoing gGAS procedures due to high surgical complexity and especially long operative times as compared to other surgical procedures. Careful attention must be placed on the patient’s specific position perioperatively due to potential injury risk. Prolonged stasis can cause injuries ranging from mild soft-tissue injuries which rapidly resolve, such as mild pressure injuries to bony prominences, to severe injuries including pressure ulcers, nerve injuries, rhabdomyolysis, and compartment syndrome. These complications can have lasting impact on the patient, with associated morbidity and mortality risk, and can also impact healthcare systems through additional dollars spent caring for patients who suffer these complications and their associated rehabilitation, and legal recourse on behalf of the patient who suffered these severe complications. Objective Our study aimed to describe our technique for preventing lower extremity injuries in the dorsal lithotomy position, and to evaluate our positioning-related post-operative complications and rates. Methods We describe our technique for lower-limb positioning in the dorsal lithotomy position, with an emphasis on injury prevention for patients undergoing gGAS. We assessed positioning-related outcomes and complications among patients undergoing gGAS for prolonged periods (>300 minutes) in the lithotomy position between January 2017 to March 2023. Results A total of 227 patients underwent 310 gGAS procedures were included in our study (156 masculinizing: 154 feminizing gGAS procedures). Mean operative time was 495.5 minutes +/- 156.5 minutes (SD) (Range 300–1095 minutes) (Figure 1a). A total of 6/227 (2.6%) patients (2 masculinizing and 4 feminizing surgical patients) had transient, self-limited LE pain post-operatively. No (0%) patients had major or chronic complications including chronic nerve injury, pressure ulcers, rhabdomyolysis or compartment syndrome (Figure 1b). Our patient positioning employs the use of ½ inch foam placed to surround the lower extremity, ensuring that all at-risk areas of compression are adequately protected when placing the patient’s leg in the Allen stirrups whilst in the lithotomy position (Figure 1d). In addition, a perioperative list is also utilized with regular leg checks every 1.5–2 hours with nursing documentation and also, ensuring patients are able to move their lower extremities without any pain post-operatively (Figure 1c). Conclusions Our study is the first to describe a specific technique and outline strategies for protecting the lower extremities to prevent injuries in patients undergoing prolonged surgical procedures in the lithotomy position. The low complication rates associated with our technique warrants attention to further refine this technique, and, to integrate these strategies into operating-room programs across diverse specialties. Disclosure No.

Position of a Single Judge in a Small Claim Court: Role and Responsibilities

In the context of litigation, a simple lawsuit is one that has no legal recourse. It is an objection that is heard by judges who are senior in the field. This type of lawsuit is convenient for the community at large, encompassing companies, People's banks, and other banks whose proof is simple. The data collection methods employed in this research are observation, interview, and documentation. The subject of this research is the application of a straightforward lawsuit in the Jakarta District Court, specifically, the types of cases that may be resolved by such a suit. This is a qualitative study employing an empirical juridical approach, employing a descriptive methodology. This research provides a conclusion that a simple lawsuit based on Supreme Court Regulation Number 4 of 2019 represents a significant advancement over Supreme Court Regulation Number 2 of 2015. However, it was subsequently amended by Supreme Court Regulation Number 4 of 2019. The value of the lawsuit is set at IDR 500,000,000.00, with a case subscription period of 25 days. The categories of this simple lawsuit are default (breach of promise) and tort, with the exception of those concerning land issues. The application of this simple lawsuit at the Pekanbaru District Court is commendable, although a few obstacles remain. However, these do not impede the resolution of existing cases. With regard to the obstacles for judges in this simple lawsuit, namely the District Court, it is necessary to implement a more extensive socialization program to educate the public about this simple lawsuit. This will help to prevent any errors when filing a case resolved through a simple lawsuit.

Theoretical aspects of opening proceedings in the case of insolvency of a debtor – a natural person in accordance with the Code of Ukraine on bankruptcy procedures

The paper analyzes the theoretical aspects and legal norms regulating the procedure for initiating proceedings in cases of personal insolvency according to the Bankruptcy Procedures Code of Ukraine. It provides an in-depth analysis of Article 115 of the Code, which establishes the grounds for the court to decide to start examining a case of insolvency. This includes examining the debtor's inability to fulfill obligations to creditors, the absence of assets that can be subjected to enforcement, and other factors affecting the debtor's financial state. The paper delves into the legal intricacies and conditions under which a court can declare an individual insolvent, highlighting the critical importance of these conditions in protecting both the debtor and the creditors. Special attention is given to the importance of a detailed understanding and proper application of each norm, considering judicial practice and procedural nuances that can significantly affect the effectiveness and fairness of bankruptcy proceedings. The paper underscores the necessity for legal practitioners to be well-versed in these norms to navigate the complexities of insolvency cases effectively. It discusses how minor procedural missteps or misunderstandings of the law can lead to significant delays or even unjust outcomes, emphasizing the need for precision and thoroughness in legal proceedings. The role of the court is critically examined, particularly in ensuring an objective examination of the case circumstances. The court's duty is not limited to the evidence presented by the parties; it must also consider all relevant circumstances that might affect the case outcome. The paper highlights the court's subsidiary duty to assist the debtor in establishing the necessary circumstances for initiating proceedings, which is essential for ensuring that justice is served and that the debtor's rights are protected throughout the process. Furthermore, the paper discusses the broader implications of these legal norms and practices on the financial system and society. It considers how effective bankruptcy procedures can contribute to economic stability by providing a structured method for resolving insolvency issues. This, in turn, can encourage responsible lending and borrowing practices, as all parties have a clear understanding of the legal recourse available in cases of financial distress. This paper is particularly beneficial for lawyers, judges, and anyone interested in personal bankruptcy procedures, as it provides a comprehensive understanding of the procedural requirements and approaches used in Ukrainian legal practice. By offering detailed insights into the legal framework and practical applications of the Bankruptcy Procedures Code, it serves as a valuable resource for those involved in or studying insolvency law, helping to ensure that personal bankruptcy cases are handled with the highest standards of fairness and efficiency.

From Discrimination to Dismissal: Navigating Obstacles on the Path to Workplace Justice

Abstract This article explores the challenges faced by employees in the Czech Republic when seeking legal redress in cases of discrimination and unfair dismissal. It emphasizes the importance of accessible legal recourse as a means to rectify individual grievances and reinforce equitable employment practices. In the context of discrimination, the article discusses challenges such as low awareness of anti-discrimination rights and the ancillary nature of sanctions. Recommendations include aligning the Anti-Discrimination Act with the Civil Code, empowering NGOs or the Ombudsman to initiate lawsuits in the public interest, and raising awareness among potential victims. In the section on unfair dismissal, the article outlines the complex process involved in disputing terminations from an employee’s perspective. It discusses obstacles such as complex, costly, and lengthy legal procedures and the requirement for reinstatement. These challenges contribute to the low number of employment lawsuits in the Czech Republic. Recommendations for improvement include enhancing the visibility of court actions, providing free or subsidized legal advice, shifting the focus of lawsuits towards monetary compensation, promoting mediation, and expediting proceedings. The article identifies common challenges in discrimination and unfair dismissal cases in the Czech Republic, highlighting the need for reforms to improve access to justice, reduce financial barriers, expedite legal proceedings, and enhance the dissuasive impact of remedies. These reforms are seen as essential for creating a fair and equitable workplace environment for all employees in the country.

“I am a survivor!”: Violently Injured Black Men’s Perceptions of Labeling After a Violent Firearm Injury

Self-appraisal after a life-altering event is a critical process for individuals, often comprised by assigned labels that may not align with an individuals’ perceptions of themselves or of their situation. Existing research within this victim-survivor dichotomy largely rests in the interpersonal violence space, with a victim assuming legal recourse and wrongdoing, and a survivor associating with positive personal characteristics like grit and resilience. Much existing literature on self-appraisal after interpersonal injury is heavily concentrated within the sexual violence literature, and this study applies these concepts to a sample of Black men injured by firearms. Ten Black men enrolled in a hospital-based violence intervention program (HVIP) were interviewed to understand how they label their experience of firearm injury, and if their perceptions aligned with common labels seen among other populations and/or in other areas of study (e.g., cancer, domestic violence). Each participant assigned themselves their own label, with three labels emerging: survivor, victim and survivor, and neither victim nor survivor. The results illustrate the nuance of experiences beyond the victim-survivor dichotomy, and how labels and personal identities may shift following injury into new terms and considerations of resilience and trauma processing. More research is warranted to understand the factors that shape self-labeling within this population, including influences of masculine norms, racialized stereotypes, community context, and availability of services. Findings support public awareness campaigns to reframe surviving violence as a strength, and for community partners and practitioners to increase access to culturally competent and trauma-informed mental healthcare.

Establishing Healthcare Discrimination: An Analysis of Scandinavian Equality Boards

Discrimination in healthcare is a pervasive issue faced by patients, affecting their access to treatment and overall well-being. This article examines the forms of healthcare discrimination recognised by Scandinavian equality boards through a comparative analysis of their decisions. While social science studies have established the existence of discrimination based on ethnicity, race, gender, sexuality, and age, proving such discrimination in legal terms poses significant challenges. An analysis of board decisions reveals that patients face barriers in establishing legally actionable discrimination, as perceived discriminatory conduct may not meet the criteria for legal claims. Additionally, equality boards are often hesitant to intervene in medical decision-making processes, further complicating the path to legal recourse. Lack of evidentiary support, especially in cases of unconscious bias, makes it difficult for some patients to substantiate claims of discrimination. The findings underscore the complexities of addressing healthcare discrimination through legal means. To effectively combat discrimination, there is a need to clarify the goals of discrimination law in the healthcare context and consider its future application within the broader context of human rights and equality.

IMPLEMENTATION AUTHORITY OF THE CONSTITUTIONAL COURT IN THE INDONESIAN CONSTITUTIONAL LAW SYSTEM

This study delves into the historical evolution and significance of Indonesia's Constitutional Court, focusing on its speculated super authority and independent interpretation of the Constitution. Rooted in the global context of judicial review, the research traces the court's pivotal role back to discussions during the Draft Constitution at BPUPKI and its prominence in the 1945 reform era. With the primary goal of providing a comprehensive understanding of the Constitutional Court's journey, the study sheds light on its distinctive authority and pivotal role within Indonesia's legal and constitutional framework. The research explores the court's exclusive jurisdiction, making its decisions final and binding and limiting legal recourse for dissatisfied parties. By examining the court's historical development and legal foundations, the study elucidates the Constitutional Court's role as a guardian of the constitution. The research reveals that the court's significance stems from its establishment as a constitutional guardian during the 1945 reform era, gaining prominence with the Third Amendment to the 1945 Constitution. The court's exclusive jurisdiction solidifies its position as a final arbiter in constitutional matters, shaping the legal landscape and restricting avenues for legal redress. In conclusion, the Constitutional Court has evolved into a central player in constitutional interpretation, wielding exclusive jurisdiction and serving as a final arbiter, emphasizing its unique authority and indispensable role in shaping Indonesia's legal and constitutional framework.

Neporočene matere med normami in prakso

In the Habsburg Monarchy, the civil rights of illegitimate mothers and children were primarily regulated by the Austrian Civil Code of 1811. Under this code, illegitimate children did not enjoy the same rights as legitimate ones. Nevertheless, the illegitimate father was obligated to provide for them. The extent to which this progressive principle in Austrian law was practically implemented remains uncertain. This study investigates the frequency with which illegitimate mothers pursued legal recourse when fathers refused financial responsibility for their children. Additionally, it examines how often these mothers successfully obtained paternity recognition. The paper addresses these inquiries by analysing one hundred preserved custody court files from the District Courts in Rakek, Lož, and Cerknica between 1899 and 1945, alongside other relevant civil law documents.

The value of legal recourse in sovereign bond markets: Evidence from Argentina

AbstractIf sovereign immunity waivers and clauses calling for litigation abroad reduce the risk of expropriation, bonds governed by foreign law should, ceteris paribus, trade at a premium compared to bonds issued under domestic law. In 2020, Argentina exchanged a panoply of bonds with different currencies, maturity and coupon structure for pairs of bonds that are identical except for their governing law. We leverage these “twin” bonds to identify the effect of legal jurisdiction on sovereign debt prices. Our findings indicate that foreign‐law bonds consistently trade at higher prices and are primarily held by long‐term investors. These results suggest that market participants price certain legal terms (e.g., governing law) in sovereign debt, and investors expect to face less credit risk under bonds governed by foreign law, either due to a lower risk of selective default or higher recovery rate in foreign courts.

Legal Implications of Trading Robots in Financial and Commodity Markets.

This study examines the legal implications of employing trading robots in both capital markets and commodity futures markets. Utilizing a normative juridical method with a statutory approach, primary and secondary legal materials are analyzed. Findings indicate that Bappebti Regulation No. 12 of 2022 currently governs the legal landscape for trading robots. Non-compliance with these regulations may invoke Article 378 of the Criminal Code, while compliant trading robots, in case of losses, may lead to civil suits under Articles 1243 and 1365 of the Civil Code. These results underscore the importance of adhering to regulatory frameworks and highlight potential legal recourse for market participants affected by trading robot activities. Highlights : Regulatory Framework: Analysis reveals the current regulatory landscape governing trading robots in capital and commodity markets, emphasizing compliance with Bappebti Regulation No. 12 of 2022. Legal Consequences: Non-compliance with regulatory standards may lead to legal repercussions under Article 378 of the Criminal Code, while adherence to regulations offers avenues for civil suits under Articles 1243 and 1365 of the Civil Code in case of losses. Implications for Market Players: The study underscores the importance for market participants to understand and adhere to legal frameworks surrounding the use of trading robots, highlighting potential consequences and avenues for recourse in both compliance and non-compliance scenarios. Keywords: Trading Robots, Legal Implications, Regulatory Compliance, Capital Markets, Commodity Futures

KAJIAN HUKUM TERHADAP DEBITUR DALAM PELUNASAN KREDIT MENGENAI HAK TANGGUNGAN

Economic life is inseparable from daily life in running a business to create prosperity, and one way to do this is through borrowing capital. However, obtaining capital is not easy; it requires a process and collateral to secure the loan. One of the avenues to obtain capital is through bank loans. Banks, as financial institutions, provide capital to facilitate access to credit. In this process, banks often require collateral. In the execution of credit facilities, debtors who have repaid business loan credits with collateral such as land certificates and building certificates at a bank are entitled to receive back the collateral that was handed over to the bank. The bank, as the creditor, has the obligation to return the collateral to the debtor who has fulfilled their obligations. However, there are cases where creditors do not return the debtor's collateral documents. In such cases, the legal recourse for the debtor to regain the collateral from the creditor will depend on factors such as the cancellation of the mortgage rights and the effort to reclaim the collateral if the creditor does not return the collateral documents.

‘You are not Sikkimese enough’: Understanding collective action tendencies of old settlers in Sikkim using SIMCA

AbstractThe current study analyses the motivators and inhibitors of collective action tendency using the Social Identity Model of Collective Action (SIMCA). The study was conducted with a minority and state‐based repressed group known as the old settlers in Sikkim, India. The old settlers are a community that have been historically settled in Sikkim prior to the state's merger with India in 1975. They are racially and ethnically different from the majority population of northeasterners in Sikkim and face both institutional and interpersonal discrimination. A qualitative approach using semi‐structured interviews with 11 old settlers was taken to delineate SIMCA variables – moral conviction, identity, injustice and efficacy – within the context of northeast India. Collective action was motivated through moral conviction via principles of equality and unequal treatment and outsider status, identity via politicisation of identity, creation of social movement organisations, injustice via anger and fraternal resentment and efficacy via marches and legal recourses. Collective action was inhibited through moral conviction via denial of violation, identity via acculturation, injustice via fear and efficacy via learned helplessness. These findings indicate that in state‐based repressed groups, collective action tendencies must be understood from a context‐specific lens that attempts to understand both motivating and inhibitory factors.