Legal Research Research Articles

Increasing access to legal information with unsupervised solutions

AbstractAccess to justice is a significant area of legal research, especially for Socio-Legal studies. The main research topics of this area are economic or class differences, gender inequalities, or national and ethnic differences in access to justice. However, there is a less discussed aspect of access to justice: the differences between access to legal information and the differences in user groups in terms of comprehending and processing legal information. This is an important topic because there are significant differences among people's abilities to process and understand legal texts, depending on whether we are dealing with a lawyer who is an expert in the given field, a non-expert lawyer, or a citizen with a low or zero (legal) educational level. The paper argues that unsupervised machine learning solutions can help even out these differences. It presents different unsupervised solutions, mainly clustering and topic modelling, which can help to increase access to legal information. Then we present a case study in which we examine these unsupervised tools in the processing of resolutions of the Central Bank in Hungary and anonymized court decisions. The paper argues that these tools can reveal the hidden contextual regularities in unstructured legal texts, facilitating the search for legal texts even for non-legal-experts.

'Border Country': health law in a devolved UK.

How are we to understand and research health law under devolution in the UK? Building on work in law and geography, we argue that the figure of the border is key to the production and implementation of devolved health law and the variety of forms that this takes. The utility of border thinking in this context is shown through a review of thematic areas, including infectious disease control, access to health care, and abortion, each instantiating a distinct bordering process. In each, we consider recent developments in policy and legislation, framed with reference to constitutional change, and the politics of devolution in the UK. Taking Wales as an exemplary site, we argue that health law produces borders in traditional and non-traditional places. It creates and blurs territories. It is equally constituted by pluralistic bordering practices. On the basis of this theoretically informed review, we conclude by proposing a cross-disciplinary legal, ethical, and socio-legal research agenda for future research.

Deconstructing Intellectual Property Rights in Fanfiction: A Case Study on Copyright Protection and Moral Rights

The protection of intellectual property rights serves to safeguard the interests of creators by granting them exclusive ownership rights over their creative works. Copyright includes both ethical rights and financial rights. Fanfiction is safeguarded by copyright, which is a form of intellectual property rights. This article presents a case study examining the role of Intellectual Property Rights and Moral Rights in the context of Fanfiction with Normative Legal Research. The fair use doctrine, as implicitly articulated in Article 44, paragraph (1) of the IPR Act of Indonesia and comparation with another regulation, is encompassed within this category. Furthermore, the considerable similarity test is utilized to assess the degree to which similarities and actuality exist in the work. The pattern test entails the analysis of the narrative structure and overall depiction. Finally, the feel and total idea test is employed to assess the essence and attributes of the writing, as well as the implementation of parallels in narrative themes. The establishment of legislation concerning Fanfiction is of utmost importance in order to delineate distinct boundaries between creative pursuits and legal violations. Ensuring the protection of novelists and amateur writers who have a profound emotional attachment to the narratives they have encountered is of utmost importance, as it cultivates their propensity to generate alternative stories.

The Impact of ILO Convention No. 182 (1999) on Safeguarding Against Child Labor in Indonesia

Child labor poses a serious challenge to Indonesia's commitment to children's rights and workplace protection. ILO Convention No. 182 has become a crucial global guideline in combating this issue. Using doctrinal legal research with an analytical descriptive component and includes the comparative approach, the statute approach, and the historical approach. Using secondary data, which included primary, secondary, and tertiary legal material and with library research and examined resources relating to the topics under investigation with qualitative analysis. Before ratification, weak enforcement and inadequate regulations left child workers vulnerable to health risks and exploitation. The ratification marked a pivotal moment, aligning Indonesia's laws with international standards to better safeguard children from exploitative labor practices, emphasizing the urgent need for stronger protections and enforcement measures.

Labor Inspection Mechanism for the Implementation of Labor Norms in the Workplace

Workers and employers in carrying out employment relations must comply with labor norms which consist of work norms and occupational safety and health norms. Implementation of labor norms in the workplace requires the role of labor inspectors in carrying out supervision. The formulation of the problem in this research is what is the Labor Inspection mechanism for the Implementation of Labor Norms in the Workplace? This research is a type of normative legal research with a statutory approach, data collection through library research, and data analysis carried out descriptively. Labor inspections regarding the implementation of Labor Norms in the workplace are carried out by labor inspectors under the authority granted by Article 176 of Law Number 13 of 2003 concerning Employment. Labor inspectors carry out labor inspection mechanisms for the implementation of Labor Norms under the provisions of Article 4 to Article 51 of the Regulation of the Minister of Manpower of the Republic of Indonesia Number 33 of 2016 which consists of the planning stage, implementation stage and reporting stage.

ISSUES OF LEGAL CERTAINTY AFTER THE ISSUANCE OF MINISTER OF MANPOWER REGULATION NO. 18 OF 2022 ON MINIMUM WAGE DETERMINATION FOR 2023.

In November 2022, the government issued Minister of Manpower Regulation No. 18 of 2022 concerning the Determination of Minimum Wage for 2023, despite already having regulations related to wages, namely Government Regulation No. 36 of 2021 concerning Wages.  The emergence of this regulation is considered to cause legal uncertainty as there is already a government regulation on wages and it undermines the results of the constitutional review of the Job Creation Law, where the Constitutional Court's decision states that the Job Creation Law remains valid for the next 2 years and does not require additional regulations. This has led to legal uncertainty regarding wage regulations. The research method employed in this study is the normative legal research method, which involves examining literature or secondary data.  The approach used included the statute approach, which analyzes all legislation and regulations related to the legal issues being addressed, and the conceptual approach, which stems from perspectives and doctrines within legal studies. The data used consisted of secondary data obtained through literature reviews and primary data obtained through interviews with respondents and relevant institutions. The results of this research are expected to provide answers to the dualism in legislation regarding wages, particularly for legal certainty for employers, workers, and investors. The determination of minimum wage is indeed crucial in the economic field, as it relates not only to the purchasing power of the society for wage increases but also to legal certainty needed by employers and investors, including the government's consistency in enacting legislation.

Optimization of Consumer Protection and Increase of Virtual Currency Trading in Indonesia: A Study on Financial Services Authority Regulation

This study aims to normatively analyze OJK Regulation Number 3 of 2024, focusing on consumer protection in the context of the increasing trade in virtual currency in Indonesia. 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 OJK Regulation Number 3 of 2024 is crucial in optimizing consumer protection and increasing virtual currency trading in Indonesia. Through the general provisions in OJK Regulation Number 3 of 2024, which cover consumer protection and the sandbox mechanism, the regulation supports responsible testing and development of FinTech innovations. The practical implementation of OJK Regulation Number 3 of 2024, emphasizing personal data protection and transparency, adds a layer of consumer protection. Overall, OJK Regulation Number 3 of 2024 creates an environment conducive to safe and regulated virtual currency trading, enhancing investor and consumer confidence in the Indonesian FinTech ecosystem. Therefore, it is recommended that the government and OJK, FinTech innovators and virtual currency traders, as well as consumers and investors, take strategic steps to enhance consumer protection and optimize virtual currency trading in Indonesia. The Government and OJK need to ensure the effective implementation of OJK Regulation Number 3 of 2024 through widespread socialization, strict supervision, and firm law enforcement against violations. FinTech innovators and virtual currency traders should develop robust risk management systems, enhance operational transparency, and ensure compliance with personal data protection provisions. Consumers and investors are advised to improve their digital financial literacy, critically assess investment risks, and interact only with platforms and service providers that have been verified and comply with OJK regulations. The collaboration between regulators, the industry, and the community will create a safer, more transparent, and sustainable virtual currency trading ecosystem, supporting the growth of the FinTech sector in Indonesia while minimizing potential risks for consumers and investors.

AUT DEDERE AS ERGA OMNES TO SUPPRESS CIVIL AVIATION CRIMES UNDER THE INTERNATIONAL CIVIL AVIATION LAW: THE ISLAMIC PERSPECTIVE

Aut dedere (extradition) is an erga omnes obligation towards the international community aimed at closing the gate of safe haven so that the international criminal will face the consequence of his heinous act directed at the international community from the requesting state. The term aut dedere has not been used in conventions or treaties until the eighteenth century. This paper examines the necessity of integrating the doctrine of 'aut dedere' (extradition) into International Aviation Conventions to combat civil aviation offenses and seeks to explore its treatment under Islamic law, and the potential for punishment for refusal to extradite offenders. Through doctrinal legal research, the paper reveals that while aut dedere is obligatory under conventional law, it lacks enforceability without associated punishments. Conversely, extradition under Islamic law is deemed mandatory due to its universal nature. The paper underscores the relevance of Islamic jurisprudence in modern international legal frameworks and recommends amendments to International Civil Aviation Organization conventions to enforce extradition provisions and recognize civil aviation crimes as international offences, consistent with Islamic legal principles.

The Function of Psychology and Psychiatrists for Children Perpetrating Crimes in Special Children’s Development Institutions

Research with the title The Role of Psychologists and Psychiatrists in Children Perpetrating Crimes in Child Development Institutions was carried out by the Class II Correctional Institution in Jayapura City. The method used in this research is empirical legal research. The problems of this research are: What is the rationale for including Child Development in the Child Protection Justice System, what are the coaching efforts carried out by the Jayapura City Class II Penitentiary and how are Psychologists and Psychiatrists implemented in coaching child convicts at the Jayapura City Class II Correctional Institution. So, this needs to be researched because there are perpetrators of criminal acts who, after leaving or having completed their training period, will return to a training institution or are referred to as recidivists. It is hoped that this research can provide input to the Government, Development Institutions, and knowledge for the community

Contante Justitie System in Corruption Cases in Indonesia: A Legal Constructivism System Paradigm

The legal consequences of Constitutional Court Decision Number 25/PUU-XIV/2016 stating that Law Number 31 of 199 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes which is contrary to the 1945 Constitution and specifically deletes the phrase "can" in Article 2 paragraph (1) and Article 3 of the Eradication of the Criminal Act of Corruption Law have a legal impact on the characteristics of the offense. This was normative legal research which uses a statutory and conceptual approach. Results showed that the Financial Audit Board's future arrangements can fulfill the principle of Contante Justitie, namely speeding up the investigative examination process. It was applied by delegating authority from the Central BPK to the Regional BPK Representative auditors so that the latter have independent investigative audit authority to speed up the investigative Audit Result Report process in handling corruption to fulfill the legal system constructivism concept. 

A Review of Research on the Value Evaluation of Urban Underground Space

The contradiction between urban construction and sustainable development has led to an increasing demand for urban underground space (UUS). The value evaluation of urban underground space (UUSVE) is of great significance in promoting the rational development of UUS. Currently, no study has reviewed the literature on UUSVE. This paper provides a preliminary review of the legal basis and element composition of UUS, and the themes, evaluation objects, and evaluation methods of UUSVE, attempting to clarify the current status of UUSVE and analyze its future development trends. Finally, by summarizing the legal basis, element composition, research status and trends of UUSVE, three suggestions to strengthen UUSVE are proposed: (1) to strengthen the research on the shortcomings of UUSVE methods; (2) to build an evaluation index library and case library; and (3) to emphasize interdisciplinary collaboration, with a particular focus on the application research of machine learning.

Wanprestasi oleh Koperasi Simpan Pinjam: Bagaimana Dampak Hukumnya?

The development of the national economy and the changes that occur in the business environment, including the savings and loan cooperative unit, which is directed to always encourage and play an active role in increasing the income of its members in order to be able to overcome existing social inequality. Cooperatives are a joint business entity that struggles in the economic field by taking the right and steady path with the aim of freeing itself from the economic difficulties generally suffered by its members. However, in reality, this cooperative has not been maximized in controlling credit so that the ability to generate Residual Income (SHU) is still less effective and must enter the realm of court because of defaulting on its customers. Therefore, this research will analyze legal protection in the event of default by the company in this context is the Cooperative. This research is normative (legal) research. The results of this study conclude that the Cooperative Law does not specifically mention legal protection for customer funds while for customers the protection is seen in article 7 and article 8 of Government Regulation Number 33 of 1998 concerning Participation Capital in Cooperatives and the protection of customers is not regulated with certainty so that regulations are needed to resolve defaults committed by business actors of Savings and Loan Cooperatives.

Pencabutan dan Pembatasan Hak Memilih dari Ekspatriat: Sebuah Kajian Perspektif Konstitusional

The right to vote as a fundamental human right in a democratic country like Indonesia, in fact cannot always be guaranteed to be implemented and its benefits can be realized. The problem of election integrity in Indonesia, which has not improved, has encouraged Indonesia to continue to update its democratic party implementation system, including considering various existing alternatives. Revoking and limiting expatriates' right to vote is a practice that has actually been carried out by other countries, to improve the integrity of elections. This research aims to analyze the possibility of revoking and/or limiting the right to vote from expatriates as an effort to increase election integrity, with a constitutional lens. This analysis is supported by normative legal research methods, with a statutory approach and a comparative approach. The research results found that although revoking the right to vote from expatriates is an unconstitutional option and has not been implemented, the government can implement limiting the right to vote from expatriates to cover the normative gap that exists regarding citizenship, while increasing the accuracy of election list data, by implementing several policies that have been implemented by other countries

Streamlining professionalisation in public procurement: Romanian competency frameworks as a case study (Part B)

Abstract Purpose Competency frameworks can support public procurement capacity development and performance. However, literature on connecting professionalisation with national procurement contexts is limited. This paper aims to explain and conceptualise recent Romanian experience with developing bespoke competency frameworks at national level for public procurement that reflect the features of the Romanian public procurement system. The approach used could guide in broad-brush, mutatis mutandis, other (national) public procurement systems with comparable features, mainly those seeking a shift from a rather administrative function of public procurement towards a strategic function. Design/methodology/approach This case study reflects on the methodology used for analysing the Romanian public procurement environment in EU context to develop bespoke professionalisation instruments, and on ways to integrate competency management approaches in Romanian public procurement culture. That methodological mix has been mainly qualitative and constructionist, within an applied research approach. It combined desk research with empirical research and included legal research in this context. Findings A principled, methodological and pragmatic approach tailored to the procurement environment in question is essential for developing competency frameworks capable to resonate to and address the specific practical needs of that procurement system. Social implications Competency frameworks can uphold societal objectives through public procurement. Originality/value Using valuable insights into the development of the Romanian public procurement competency frameworks, the paper provides a conceptual framework for instilling competency management approaches to public procurement professional development where the latter is governed by a rather distinct, public administration, paradigm. This conceptual framework can guide other public procurement systems and stimulate further research.

Indonesia Sebagai Anggota International Centre For Settlement Of Investment Disputes

International Centre For Settlement Of Investment Disputes (ICSID) is an effort to settle investment disputes by means of arbitration. This institution aim to create a just, effective, and fair treatment towards both contracting parties which are (a) investor from another state and (b) host state. As dispute might rise within an investment contract, Indonesia believes that by joining ICSID, the investors will be given the ultimate protection of unfair treatment from Indonesia. This is due to the fact that investors are allowed to bring such dispute into the arbitration of ICSID, should a violation is being conducted. Even if the intention of Indonesia to join ICSID was made in good faith, many violations of the investor’s responsibility result in many cases of ICSID. Moreover, ICSID’s claim to solve a dispute with effective, and fair treatment towards both contracting parties are at stake, considering there are a lot of cases that require more than 10 (ten) years to be settled. Therefore, many people are expressing their concern of Indonesia’s status as one of the ICSID member. The method of  this research is based on a Case Based Approach and considered as a normative legal research as it’s type in order to answer the research question regarding Indonesia’s status as an ICSID member. 

The Urgency to Renew Bankruptcy Law Requirements and Summary Proof in Indonesia

The provisions pertaining to bankruptcy and summary proof in Law Number 37 of 2004 present various drawbacks in their application, particularly impacting debtors. Debtors can be declared bankrupt with relative ease, and the requirement for declaring bankruptcy does not directly indicate the debtor’s insolvency. This can present difficulties for other creditors, as the leniency in bankruptcy requirements for debtors is viewed as means to accelerate debt resolution, even though not all face the same circumstances. This research will focus on the issues regarding the urgency of revising Law Number 37 of 2004, specifically with regard to the conditions for bankruptcy and summary proof. The method used in this research is the doctrinal legal research method, which entails scrutinizing literary sources, legal theories or principles, research journals, and legislative regulations to analyze the subject of the research. Furthermore, a comparative approach is adopted to evaluate the development of Indonesian law by examining the bankruptcy legal frameworks in France and the Netherlands. The study concludes that the pressing need for amendments to the conditions for bankruptcy and summary proof in Law Number 37 of 2004 necessitates a responsive legal system. This can be achieved through a comprehensive review of problematic regulations. Therefore, the incorporation of additional measures, such as an insolvency test and a proactive approach by judges, establishes a regulatory mechanism that can be viewed as a responsive outcome in the future.

Implementation of Plea Bargaining in the Indonesian Criminal Justice System

There is a need for a new system in the Indonesian Criminal Justice System that is thought to make case handling more efficient, specifically by adopting plea bargaining as a problem-solving method for the Indonesian criminal justice system. In this study, the issue formulation is how to implement plea bargaining in the present criminal justice system and the urgency of plea bargaining in the renewal of the Indonesian criminal justice system. The Normative Juridical Research technique was employed to generate this research. Normative Juridical Research is a type of legal research that involves literature study or just secondary information. The regulation on the application of Plea Bargaining in the current criminal justice system is not based on the value of justice, as Article 4 paragraph (2) of Law No. 48 of 2009 concerning Judicial Power mandates that the judicial process must be carried out quickly. At a low cost, but based on the problems that the author described in the previous sub-chapter, the criminal justice process has not been able to reach a simple judicature to this day. The complexity of the criminal justice process in Indonesia now prevents simple, quick, and low-cost judicial implementation from being accomplished in the criminal justice process in Indonesia. In this case, there is a need for a renovation of Indonesia's criminal justice system. This is the legal basis for the urgent need to establish Plea Bargaining in Indonesia.

Prinsip Itikad Baik Terhadap Merek MS Glow

Legal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal protection. The public sees that the products of the MS Glow brand are better known than the products of the PS Glow brand, and there is a view that PS Glow is trying to hijack the popularity of MS Glow. Through normative juridical legal research, it was found that in the context of the principle of good faith, MS Glow is entitled to legal protection as a brand owner. The brand owner has the exclusive right to the use of its brand and the government is responsible for ensuring this protection. The judge's decision in the dispute between the MS Glow and PS Glow trademarks (Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga.Sby) has fulfilled the principle of legal certainty. The judge refers to Law Number 20 Year 2016 on Trademark Registration and Geographical Indications as well as the principle of "first to file". However, the decision has not fully reflected justice and expediency. In the context of trademark registration, the "first to file" principle needs to be evaluated by the government to make it fairer. The lengthy trademark registration process must pay close attention to every detail, the Director General of IPR must be more active in socializing Law Number 20 Year 2016, including the principle of "first to file" to the public so that understanding of the trademark and the registration process becomes better.

Pemutusan Hubungan Kerja bagi Pekerja

Workers or laborers have the right to obtain protection for safety and health, morals and decency, as well as treatment in accordance with human dignity and religious values. Termination of Employment is one of the problems in employment that often occurs. Termination of employment causes anxiety because it has a negative impact on the survival and future of workers and their families. As an effort to protect workers or laborers affected by Termination of Employment, in 2021 the Government issued a new policy, namely Government Regulation Number 37 of 2021 concerning the Implementation of the Job Loss Guarantee Program. This research aims to find out and analyze the Job Loss Guarantee program and its implementation in Karawang Regency. This research uses a normative legal research method by examining theories, concepts, legal principles and statutory regulations related to this research. The Job Loss Guarantee Program is provided to workers or laborers affected by Termination of Employment in the form of cash benefits, career counseling benefits, job training benefits, and job market information benefits. This guarantee program came into effect in Karawang Regency on February 11 2022 a year after the regulations were issued with the number of participants who have claimed benefits during 2022 amounting to 683 participants and the total funds disbursed amounting to IDR. 1,385,714,400.00. However, the implementation of this guarantee program in Karawang Regency is still not optimal because there are several technical problems in the benefit claim process

Организационно-правовые основы управления профессиональным психологическим отбором в войсках национальной гвардии России

<p style="text-align: justify;">A study of organizational and legal foundations of the management of professional psychological selection in the National Guard has been carried out, which is a very relevant task. The significance of the problem of cognition of its objective characteristics is determined by the specifics of the professional activity of servicemen and the social significance of their tasks. The management of this selection has its own organizational and legal foundations, which requires their scientific conceptualization and a disclosure of their characteristics, since such attempts have not yet been made in scientific literature. The authors used the theoretical provisions of an integrated approach towards the study of a person, methods of comparative legal research, as well as various analytical, regulatory, legal, organizational and managerial materials. The authors identified and substantiated a multi-level system for managing professional psychological selection in the troops of the National Guard of Russia, its regulatory and organizational basis. Revealing the features of managerial activities for the implementation of professional psychological selection measures, its organizational structure and main characteristics are analyzed in detail.</p>