Legal Reform Research Articles

From Patrilineal Tradition to Gender Equity: The Evolution of Inheritance Law in Indonesia’s Batak Toba Community

The Batak Toba community in Indonesia, traditionally governed by a patrilineal kinship system, has historically excluded women from inheritance rights. This deeply ingrained custom has perpetuated gender inequality within the community. However, the landscape of inheritance law has undergone significant transformation due to the influence of national legislation and landmark court rulings. This study explores the dynamic evolution of inheritance practices among the Batak Toba, tracing the shift from a patriarchal tradition to a more equitable system that recognizes the rights of women. This research employs a qualitative approach, combining legal analysis with empirical data gathered through interviews and case studies within the Batak Toba community. The study examines customary laws, national legislation, and judicial decisions to understand the legal framework governing inheritance. Additionally, it delves into the lived experiences of individuals within the community to capture the social and cultural dimensions of inheritance practices. The findings reveal a gradual but significant shift in inheritance practices among the Batak Toba. While the patrilineal tradition remains influential, there is growing recognition of women's inheritance rights. This change is attributed to several factors, including increased education, economic empowerment of women, and greater awareness of gender equality principles. The study also highlights the role of legal reforms and judicial activism in challenging discriminatory customary laws and promoting a more inclusive approach to inheritance. The evolution of inheritance law in the Batak Toba community reflects a broader societal transformation towards gender equity. While challenges persist, the study underscores the importance of continued legal reforms, community engagement, and education to ensure the full realization of women's inheritance rights. The findings offer valuable insights for policymakers, legal practitioners, and community leaders working towards a more just and equitable society.

Analysis of Causal Factors and Impact of Legal Uncertainty on Building Rights from Management Rights

Legal uncertainty faced by holders of Building Rights (HGB) derived from Land Management Rights (HPL) in Indonesia is a pressing issue that creates difficulties in maintaining and changing the status of their rights, negatively impacting their welfare and the overall land system, which this study aims to examine and address. This study uses normative legal research methods with legislative, conceptual, comparative, and case approaches. Data were collected through literature studies and analyzed qualitatively and descriptively by considering interdisciplinary aspects. Factors that cause legal uncertainty include lack of legal protection, regulatory uncertainty, ineffective legal implementation, and reliance on third parties. This impacts the difficulty of maintaining HGB, the limitation of changing rights status, and implications for people's welfare. The findings indicate the need for legal reform, increased transparency, and strengthening institutional capacity. The implications of the findings encourage the improvement of a more fair, efficient, and legal system for HGB holders. This research is important to identify the root cause of the problem and formulate recommendations for improving the soil system. Further research suggestions include comparative empirical, interdisciplinary, and action research to implement solutions.

Implication of condemnatoir verdict in the case of child custody rights in the legal way of The Denpasar Agency (Case study of case No. 358/PDT. G/2023/PA. DPS)

This study aims to find out the implications of condemnatoir decisions in child custody cases in the jurisdiction of the Denpasar Religious Court, and the obstacles faced in the implementation of the execution of child custody decisions in this jurisdiction. The study employs both normative and empirical approaches, focusing on the norm vacuum regarding the enforcement of Hadhanah (child custody) decisions. The data analysis involves a legal analysis of the normative sources to interpret and evaluate the current laws, complemented by qualitative analysis of empirical data to identify patterns, issues, and challenges in the execution process. The research offers valuable insights into the practical difficulties of enforcing child custody rulings, which could inform legal reforms or improvements in the judicial process to better protect the interests of the child and ensure compliance with judicial decisions.

Gender Justice in Saudi Arabia: Sociotechnical Institutions' Approach to Addressing Domestic Violence Against Women and Men

The aim of this research is to determine the effectiveness of a sociotechnical institutional approach in overcoming domestic violence against women and men in Saudi Arabia with a focus on achieving gender justice. This research uses an extensive literature review method by examining scientific literature, official documents, and reports from various sources to gain an in-depth understanding of this problem. This analysis involves a synthesis of literature findings to understand the dynamics of domestic violence and the effectiveness of sociotechnical strategies in promoting gender justice in Saudi Arabia. The research results show that domestic violence is a global phenomenon that is understood and handled with different approaches from Islamic, Feminist and Western perspectives. The Islamic perspective emphasizes the values of justice, respect and reconciliation in marital relations, as well as fighting for women's rights and opposing violence within the framework of religious teachings. Feminist approaches, particularly in Western contexts, highlight gender-based power dynamics and urge to address inequality as a root cause of domestic violence. In addition, the family violence perspective and ecological violence theory offer a broader view of this issue. In Saudi Arabia, the role of sociotechnical institutions is very important in overcoming the problem of domestic violence. A multidisciplinary approach that includes technology, legal reform, education, and community support contributes to creating a safer and more supportive environment for women. This research concludes that a sociotechnical institutional approach can be an effective strategy in achieving gender justice and reducing domestic violence in Saudi Arabia.

E-Commerce Liability to Consumers For the Sale of Black Market Products

The rapid expansion of e-commerce has significantly transformed consumer purchasing behaviors, but it has also given rise to the sale of black market goods through online platforms, raising critical concerns about consumer protection and regulatory oversight. This study investigates the responsibilities of e-commerce platforms regarding the sale of black market products and evaluates the effectiveness of legal and regulatory frameworks currently in place. Adopting a normative juridical research method, this study involves a thorough analysis of existing laws, regulations, and industry standards pertaining to e-commerce and black market transactions. By examining legal texts, regulatory guidelines, and case law, this research identifies gaps in the current legal framework and assesses its adequacy in addressing black market activities. The results indicate that while legal provisions exist, they are often insufficiently enforced and lack clarity in their application to emerging e-commerce practices. The study concludes that e-commerce platforms must advocate for stronger legal reforms and clearer regulations to enhance consumer protection. Additionally, improved transparency in platform policies and heightened regulatory scrutiny are necessary to better address the challenges posed by black market goods. Future research should explore the development of more comprehensive legal strategies and frameworks to effectively combat black market transactions in the digital realm.

EUROPEAN INTEGRATION AS A CATALYST FOR THE DEVELOPMENT OF MEDICAL TOURISM IN UKRAINE IN THE POST-WAR PERIOD

This article explores the potential of medical tourism as a key component of Ukraine’s economic recovery strategy after the war, emphasizing the role of European integration in this context. Medical tourism, known for its ability to attract significant foreign investment and improve the economic indicators of the country's development, is seen as a strategic sector that can significantly contribute to the socio-economic recovery of Ukraine after a long conflict. The object of the research is the post-war reconstruction of the health care industry, where Ukraine faces the dual challenge of reviving its economy and enhancing the global competitiveness of its medical sector. Despite a well-established foundation in medical education and the affordability of medical services attractive to international patients, Ukraine encounters several barriers. The article identifies key problems, such as underdeveloped infrastructure, low level of certification of medical institutions, and ineffectiveness of regulations, which are currently inhibiting the full-scale development of medical tourism. The article focuses on the impact of European integration processes on the medical tourism sector. It asserts that closer alignment with European standards could lead to the modernization of medical services, enhancing quality and trust in Ukraine's medical tourism market. This integration promotes the adoption of best practices in medical service provision and management, ensuring that Ukrainian medical institutions can meet and exceed international patients' expectations. Various aspects of medical tourism are explored, from the development of medical services before the war, which predominantly attracted patients from Europe, to the dramatic consequences of the war, including infrastructure damage and professional brain drain. Legal reforms aimed at streamlining and improving the regulatory framework for medical tourism are discussed as critical to creating a conducive environment for the sector. The role of the strategic partnerships with European medical institutions is highlighted as a crucial factor. Such partnerships could lead to technology transfer, joint research, and educational opportunities, which not only improve service quality but also enhance the international image of Ukraine's medical tourism sector. Additionally, these collaborations can help to standardize medical procedures and protocols to match European norms, thereby increasing the safety and appeal of medical services offered in Ukraine. The article underscores the need for continued reforms, investment in modern medical technologies, and marketing strategies for the international promotion of Ukraine as a leading provider of medical tourism services. It notes that addressing outlined challenges and effectively leveraging European integration could enable Ukraine to tap into the growing global market for medical tourism, offering comprehensive, high-quality, and cost-effective medical solutions to international patients. Overall, the article provides a deep analysis of the catalytic role of European integration in advancing medical tourism in Ukraine, noting that with the right policies and international cooperation, Ukraine can significantly improve its economic landscape and health care standards in the post-war period.

Hubungan Perubahan Sosial dan Perubahan Hukum Dalam Sistem Hukum Terbuka

In social dynamics, societal heterogeneity is evident in various dimensions, including culture, ethnicity, religion, and race. This diversity affects behaviors, thinking patterns, and knowledge. Addressing these differences is crucial to fostering a shared understanding of common needs, as it prevents potential conflicts and ensures social cohesion. This study focuses on how social changes impact legal reforms within an open legal system framework. The research employs a qualitative, normative juridical method, emphasizing doctrinal research and library research to analyze how legal systems adapt to social changes. Results indicate that for legal changes to be effective, they must align with local wisdom and accommodate modernization, ensuring the legal system remains dynamic and responsive. The study concludes that an open legal system is essential for aligning legal reforms with Indonesian values and societal needs.

Legal Reconstruction of the Legality of Digital Telemedicine in the Health Industry

The emergence of telemedicine as a digital transformation in the healthcare industry is a remarkable innovation that merges cutting-edge technology with community involvement. The progress has been found to enhance the quality of healthcare services but also poses challenges to ethical values in medicine that must be upheld to safeguard human dignity. Consequently, there is a pressing need to reform laws that can safeguard both healthcare providers and patients. Suggested legal reforms include modifying medical practice regulations to ensure equitable legal protection for doctors and patients during telemedicine consultations and bolstering the use of medical records as evidence in conflict resolution. These measures are aimed at ensuring that technological advancements in healthcare align with the values of Pancasila, which prioritize scientific values, fairness, justice, humanity, and balance, as well as the safety and protection of patients.

The Status of the People’s Tribunal in Resolving Land Disputes in the Dago Elos Community

This study aims to analyze the status of the People’s Tribunal within the context of land dispute resolution in the Dago Elos community. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that despite lacking legally binding power, the People’s Tribunal plays a crucial role in fighting for justice and giving a voice to communities who feel their rights have been neglected by the formal judicial system. In the context of the Dago Elos land dispute, the People’s Tribunal serves as a platform for the community to articulate their dissatisfaction with court decisions perceived as unjust, and to fight for recognition of their rights to land and natural resources. The People’s Tribunal also symbolizes resistance against the legacy of colonialism and encourages more responsive legal reforms. Therefore, it is recommended that law enforcement agencies consider the People’s Tribunal’s verdict as valuable input in the law enforcement process, especially in cases involving structural injustice and human rights violations. The government needs to be more responsive to the aspirations of the community and strive for agrarian legal reforms that are more just, by recognizing and protecting the rights of local communities to land and natural resources. The community is advised to continue to strengthen the role of the People’s Tribunal as an alternative means of dispute resolution and upholding justice. In addition, the community is expected to participate in the decision-making process and oversee public policies related to the management of land and natural resources to ensure that these policies benefit the wider community and are sustainable.

Legal Protection of Land Rights in Mixed Marriages Ending in Divorce

General Background: Mixed marriages in Indonesia face legal complexities, especially regarding property division upon divorce due to differing national laws. Specific Background: Conflicts between the Basic Agrarian Law (UUPA) and the Civil Code (KUHPerdata) complicate land ownership rights in these marriages. Knowledge Gap: Few studies address the protection of Indonesian citizens’ land ownership rights in mixed marriages ending in divorce. Aims: This study analyzes the legal protection of these rights and identifies existing obstacles. Results: Key challenges include legal jurisdiction complexities and a lack of prenuptial agreements, leading to legal uncertainties. Novelty: This research focuses on the interplay between national land ownership laws and international marital dissolution. Implications: The study suggests the necessity for stronger prenuptial agreements and reforms to better protect land ownership rights post-divorce, enhancing legal certainty and fairness. Highlights: Legal Conflicts: Highlights how discrepancies between the UUPA and KUHPerdata complicate land ownership rights. Prenuptial Agreements: Emphasizes the critical need for robust prenuptial agreements in mixed marriages. Legal Reform: Calls for reforms to improve legal protections for land ownership rights post-divorce. Keywords: Mixed Marriage, Land Ownership, Divorce, Legal Protection

Modernization of administrative services in Ukraine based on the approval of new principles of their provision

The article is devoted to the topic of introducing new approaches to the provision of administrative services in Ukraine based on the approval of new principles of their provision. It is noted that administrative services are the leading means of realizing the rights of citizens in the field of public administration, because the absolute majority of cases decided by public administration bodies are initiated by citizens themselves and concern their subjective rights. The Ukrainian state quite successfully coped with the challenges in the field of administrative services after the beginning of the full-scale invasion of the Russian Federation on February 24, 2022. At the current stage, the format of “state-citizen” and “state-business” relations must be modernized taking into account modern technologies, optimization of procedures and improvement of service quality . Of great importance in the process of providing administrative services is the focus on modern, objective principles of their provision determined by socio-economic and technological development. After all, today a widespread phenomenon is the “digitalization” of the process of providing administrative services, which involves the introduction of electronic document management, the creation of online platforms for receiving services, and the automation of administrative procedures. The Center for Political and Legal Reforms developed the “Strategy for the reform of administrative services and their digitalization”. From the analysis of the document, it follows that the principles of providing administrative services today need a doctrinal update in their interpretation. In particular, the system of principles of administrative services should be supplemented with such things as decentralization of powers, simplification of procedures for the provision of administrative services, formality, integration of basic services in the Central Administrative Service, compensability for the provision of administrative services, unification of the procedure for resolving administrative cases, development of electronic public services, proactivity of public administration in in the field of provision of administrative services, protection of personal data.

Mock juries, real trials: how to solve (some) problems with jury science

AbstractJury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. However, each of these methods is open to methodological criticism and, strikingly, some of the highest‐profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform; ongoing debate about the ‘justice gap’ for complainants of sexual offences has rendered these problems acute. This article proposes a way to advance the debate.

Farmer’s Knowledge on Utilization of Chemical Fertilizers as Soil Fertility Enhancement Option in Ruhumuro Sub-County, Bushenyi District

The study focused on assessing the farmer’s knowledge on utilization of chemical fertilizers as soil fertility enhancement option in Ruhumuro sub-county, Bushenyi district. It was limited to; establishing the local farmers’knowledge on the use of chemical fertilizers, investigating the factors that influence farmers’ decisions to utilize chemical fertilizers and establishing the benefits that local farmers achieve from utilizing chemical fertilizers. The study employed a cross-sectional research design and primary data was collected from 200 respondents. the data was analyzed using SPSS version 22.0. The study concluded that farmers had local knowledge on use of chemical fertilizers where they revealed that, fertilizer use is influenced by on agro-climatic conditions and farm characteristics at (p=.027), profitability is the principal incentive to adopt fertilizer use at (p=.021), fertilizer use ensure high productivity and yields at (p=.003). The decisions on fertilizer use has mainly considered credit access and price at (p=.026) Fertilizer use alter the soil properties at p= (.029). Fertilizer applied to farmers’ crops do not provide optimal economic returns to farmers as (p=.312) as non-significant. The study also concluded that there were factors that influence the farmers’ decisions to utilize chemical fertilizers. Such as; ownership of land (p=.022), labour avialability (p=.024), Cost of the fertilizers (p=.004) and un-availability of credit services/financial institutions offering services (p=.028). Non-significant factors included; farming experience and level of education (p=.427, p=.369). The study concluded that there were benefits that local farmers achieve from utilizing chemical fertilizers. Such as; Restoration of soil fertility (<i>x<sup>2</sup></i> = 3.002, p=0.021), Sustainable food production (<i>x<sup>2 </sup></i>= 2.441, p=0.001), Income security (<i>x<sup>2</sup></i> = 0.871, p= 0.010), Improvement of crop yields (<i>x<sup>2</sup></i> = 3.123, p=0.023) and Contribute to greenhouse effect (<i>x<sup>2</sup></i> = 4.211, p=0.141) which was not significant. The study recommends that, there is a need for policymakers and agricultural stakeholders to consider the social, economic, and environmental implications of the widespread use of chemical fertilizers. Constant extension training services on chemical fertilizer use should be done to help farmers use the recommended dosage of fertilizers to avoid environmental degradation due to lack of adequate knowledge on fertilizer utilization. Government should undertake legal reforms to recognize and protect the rights of vulnerable groups to own and use land. They should also put in place mechanisms to ensure that the law is enforced.

Revisiting the stock market reactions to the private securities litigation against informational misconducts in China

The recently revised Securities Law in December 2019 and subsequent judicial interpretations issued by the Supreme People's Court (SPC) improved the efficiency of private securities litigation in China. Such a milestone legal reform is also reflected by Chinese courts awarding historically high amount of damages to aggrieved investors. These events are used as the sources of exogenous shocks to both de jure and de facto private enforcement intensity, and the stock market reactions to these events are examined. To control for potential self-selection bias, a sample of “culpable” listed companies is employed. Our sample companies react most significantly to the first game-changing court decision in “Wuyang Judgment”, in which the defendants were ordered to pay more than 1 billion damages. Such effects are observed in addition to the previous changes of “on-the-book” laws of private securities litigation. Finally, the magnitude of the estimated abnormal return is positively correlated with the local judiciary quality proxied by the percentage of cases disclosed, which suggests that the market expects that listed companies in regions with high-quality adjudication should be liable to pay higher damages.

Strategies for Dealing with Algorithmic Collusion in the Era of E-commerce

In the rapidly evolving e-commerce landscape, algorithmic collusion has emerged as a sophisticated method for businesses to engage in anti-competitive behavior without explicit agreements. This paper delves into the complexities of algorithmic collusion, examining how modern information technologies facilitate these covert practices. This study underscores the profound impact on market competition and consumer rights by categorizing the different types of algorithmic collusion and analyzing their implementation mechanisms. Furthermore, it highlights the deficiencies in current antitrust frameworks and the urgent need for legal and regulatory reforms. The paper concludes with strategic recommendations to enhance market transparency and fairness, ensuring that technological advancements do not undermine competitive equity.

From the Great Wall to Global Connection: How Globalization is Shaping Chinese Social Movements in the Post-Pandemic Era

This paper intends to explore the multifaceted impact of globalization on Chinese social movements following the COVID-19 pandemic. It delves into how increased global interconnectedness has both empowered and challenged the movements, particularly in the context of China’s evolving online censorship policies. The study examines the role of digital platforms in mobilizing and spreading awareness, the influence of international public opinion, and the economic factors that shape the trajectory of these movements. It also discusses the challenges faced, such as government control and resistance to external influences, and the opportunities for social movements to draw inspiration from global causes. The paper made the conclusion by highlighting the resilience of Chinese social movements in adapting to a world with globalization trend and advocating for legal reforms to address societal issues exacerbated by the pandemic.

The Dark Side of Legalism: Abuse of the Law and Democratic Erosion in Argentina, Ecuador, and Venezuela

Why do some elected leaders use legalistic strategies to undermine democracy from within? And under what conditions do they succeed in the use of these strategies? In this article, we argue that the abuse of law is at the center of the toolkit of emerging autocrats. Executives use an ample menu of legal tools and mechanisms (laws, constitutional amendments, executive decrees, administrative resolutions, and regulations by federal agencies) to gradually dismantle each of the components of liberal democracy. We show how the co-optation of the judiciary by the executive helps create an appearance of institutional normalcy that enhances regime legitimacy. In an era of democratic backsliding, executives capture or coerce judiciaries to neutralize opposition threats, carry out their policy agenda, secure and distribute benefits among allies, and dismantle various components that make up liberal democracies. To understand how executives have different levels of success in using multiple legal tools and mechanisms to undermine democracy, we compare three Latin American countries with disparate regime trajectories: Argentina, Ecuador, and Venezuela. Our paper situates judicial actors at the center of the legal toolkit of emerging autocrats by studying how (and in what ways) courts become illiberal tools for legal reform and implementation to dismantle liberal democracy gradually. We show how, in these cases, “legal narratives” are used to legitimize the slow undermining of democratic rule.

Komparasi Penerapan Al-Wasiah Al-Wajibah Mesir Dan Indonesia

Islamic Family Law underwent reform in the 20th century. One of the reform phenomena that developed in the ijtihad of the scholars, namely Al-Wasiah Al-Wajibah, is part of the legal reform efforts in the Islamic world, which has now been implemented, especially in Indonesia. However, the results of this reform effort are still far from perfect, because there are still many problems in the distribution of inheritance through mandatory wills. As a result, Indonesian scholars have agreed to implement mandatory wills in the Compilation of Islamic Law (KHI), following and developing Egyptian law No. 71 of 1946. This research uses a comparative descriptive method and collects data through a literature review, referring to fiqh sources from both classical and contemporary sources, as well as articles in the Compilation of Islamic Law (KHI) on the issue of compulsory probate. Compulsory probate is a new rule introduced by Middle Eastern scholars, especially in Indonesia and Egypt, followed by other Middle Eastern Islamic countries.

Expansion and Restriction: Divergent Paths Towards Modernizing Family Laws in Japan and China, 1868–1930

Abstract Before their encounters with Western powers in the nineteenth century, Chinese and Japanese societies were deeply embedded in traditional family systems that formed the backbone of their social structures. However, with the onset of legal modernization, these nations adopted nearly diametrically opposed strategies for reforming their customary family laws. Primarily, Japanese legal reformers under the Meiji regime bolstered the family’s authority and emphasized its political role. In stark contrast, the Chinese legal reformers during the late Qing and Republican periods curtailed family authority and diminished its significance. While the modernization of family laws in Japan and China has been the subject of scholarly research respectively, the differences between the two countries and the reasons behind their distinct approaches have not been adequately explored. This Article seeks to fill this gap. Through a comparative analysis of the legislative histories of both countries, this Article argues that their divergent paths stemmed from differences in the historical functions of family systems and the modern political contexts encountered by legal reformers during the period of legal modernization. In Japan, the family system was historically politically connected with the state, and the Meiji regime solidified its control over this system through modern codification efforts. Consequently, Meiji political elites saw the integration of the populace into the new absolutist imperial regime as advantageous, leveraging the political loyalty of families to achieve this. In contrast, the Chinese family system had become politically disconnected from the state by the late imperial era. In the aftermath of the Republican Revolution, the Guomindang regime navigated a landscape of rival political forces that significantly challenged its authority. Political elites aimed to dismantle customary family laws to weaken the traditional family system, which they viewed as a threat to governmental centralization and societal unity. They also sought to project a modern, liberal image to garner wider political support.

Problem of Animal Rights in Selected Works by Dorota Probucka

This article presents the idea of animal rights as perceived by a Polish philosopher and ethicist, Dorota Probucka. It is divided into three sections that delve into the development and significance of animal rights from the perspectives of both proponents and critics of the idea. The first section provides an overview of the turning points in the history and evolution of animal rights, referring to the main thinkers who had the fundamental impact on their development. The second part defines the concept of animal rights and explains why extending fundamental rights to at least some non-human beings is important from both moral and legal perspectives. The third part compares the arguments of the proponents and opponents of the idea of granting basic rights to animals. The philosophers’ positions presented by Probucka prove that beings capable of suffering, regardless of their intellectual abilities, deserve moral consideration. This stance is supported by numerous arguments from various fields of science, demonstrating the degree of awareness and emotional complexity of animals. These arguments should contribute to the recognition of animal rights within a moral and legal context. The article also emphasizes the need for legal reforms, including the need to introduce formal legal structures, such as the appointment of the so-called Animal Rights Ombudsman, who could represent animals at an institutional level. Considering the growing bioethical and biocentric awareness, the article emphasizes the need to redefine our attitude towards animals. It also postulates the necessity of implementing legal reforms that will make animals full participants of the moral community, which is of key importance for the future of both people and animals on our planet.