Legal Resolution Research Articles

The Implementation of Equidistance Line on Maritime Delimitation between Indonesia-Australia in Perth Treaty 1997

This article proposes some suggestions to the government in renegotiating the Perth Treaty to provide a solution for a definitive maritime boundary between Indonesia and Australia. Renegotiation of the Perth Treaty in terms of maritime delimitation between the two countries needs to be done in relation to the limitation of sovereignty of both countries. This treaty has never been ratified by both countries after the signing in 1998. The fundamental reason of Australia is associated with the independence of Timor-Leste in 1999 so that the rebus sic stantibus principle then applies. This research employed legal method to provide recommendations to the government as a basis for renegotiating the Perth Treaty according to international law. It also used a statutory and case approach. There are underlying reasons for the urgency of renegotiating the Perth Treaty using the median line with an equidistance line approach. The median line in UNCLOS 1982 has proven to provide progressive results regarding the maritime delimitation of countries. However the decisions of the International Court of Justice, resulted in various side effects with the use of the median line as a single effort to resolve maritime delimitation disputes. Therefore, a new solution is proposed, namely the median line with an equidistance line approach as the most effective method to create justice for each party. The equidistance line in international law serves as a legal resolution method, emerging from customary practices. It is recognized as new customary law for resolving maritime delimitation disputes between countries. Harmonisation of the median line concept using the equidistance line approach in resolving maritime delimitation disputes between Indonesia and Australia is a new approach that can be used based on the successful harmonisation of these two concepts in resolving delimitation disputes globally.

The Mechanism of Civil Regulation of Actions to Protect the Image of a Citizen

Introduction: the scientific paper aims to reveal the structure and features of the mechanism of civil regulation of actions to protect the image of a citizen. To do this, it is necessary to determine the procedure, conditions, and grounds for the functioning of the legal mechanism, as well as sthe object of encroachment. The relevance of the topic is due to the significance of the chosen problem as well as the need to identify the conditions for forming the legal structure of the mechanism of civil regulation for protection against violations when using the image of a citizen. Methods: within the framework of the study, a comparative law method was used, which made it possible to identify the differences in violations when using the image of a citizen; a systematic approach; and the formal logical research method. Results: the analysis of the current legislation of the Russian Federation is carried out. The possibilities of using the general provisions of the civil legislation on the protection of violated subjective civil rights, as well as the special ways to protect against violations when using a citizen’s image, are considered. The conditions influencing the formation of the legal structure of the civil regulation mechanism are analyzed. Conclusions: it is determined that the protection of a citizen’s image should be understood as a set of regulatory provisions regarding the order, conditions, and methods of using a citizen’s image, as well as measures to protect against violations. The protection of a citizen’s image is provided by a special mechanism of civil regulation. The operation of this mechanism is associated with a violation of the order, conditions, and methods of its use by other persons. The structure of the legal mechanism (legal structure) depends on the nature of the offense committed. At the same time, taking into account the actual circumstances, in a specific situation that requires legal resolution, both general legal means of protecting a citizen’s image (Article 12 of the Civil Code of the Russian Federation, Article 151 of the Civil Code of the Russian Federation) and special remedies (Article 152.1 of the Civil Code of the Russian Federation) can be used.

Problems of legal regulation of thin capitalization in Ukraine

The proliferation of multinational companies is lengthening global value chains, and the development of the digital economy is giving them even more opportunities to shift profits. Intra-group loans are often used to shift profits to a jurisdiction with low tax rates to minimize overall tax liability. In order to combat the illegal transfer of profits, most countries introduce thin capitalization rules. Ukraine joined the BEPS plan, action 4 of which summarized the best practices for regulating debt obligations to non-residents. Most countries limit the total amount of loans, interest payments on which are deducted from the corporate tax base. The Tax Code of Ukraine establishes a double tax barrier - it limits both the amount of debt and the share of profit before deduction. However, the established barriers not only do not prevent profit shifting, but encourage the widespread use of this method to reduce tax liabilities due to profit shifting. The main drawback of thin capitalization rules is that allowed excessive amounts of loans from non-residents do not oblige the borrower to improve the financial results of the enterprise. Instead, they provide an opportunity to reduce the corporate tax base by 30% indefinitely and move them to jurisdictions with low tax rates. The method of regulation provided for by the Tax Code of Ukraine can be considered as an incentive for the misuse of State budget funds. In order to eliminate these shortcomings, it is proposed to significantly reduce both barriers and to oblige the borrower to ensure the effective use of loans to stimulate the socio-economic development of the country, i.e. to deduct interest from taxable profit only if there is an actual increase in the produced added value, the introduction of new products and/or processes. Existing shortcomings in the legal regulation of debt obligations prevent legal resolution of the case in court. New criteria for identification of the resident with regard to individuals and legal entities and the beneficial owner of income have been proposed.

<i>Fiqh al-azma:</i> Crisis Management of Theological Discourse in Syria

In the context of the ongoing civil war in Syria, the official Muslim clergy of the country, represented by the Ministry of Waqf Affairs, has developed a number of theological and legal resolutions on the most pressing issues, united by the common names Fiqh al-Azma (“crisis theology”). They pay special attention to the issues of criticism of takfirism, non-denominationalism, nationalism, explaining the meaning of jihād, the prohibition of riots and revolutions, the religious legitimacy of the national state, interreligious and interfaith dialogue and collaboration within one country, the differentiation of the concepts of Islamic politics and political Islam. This study analyzes the sources and methodology of constructing this theological concept, which, according to the developers themselves, is an example of a moderate renewal (tajdīd) of Islamic theological discourse, the main purpose of which is to confront Fiqh al-Fitnah “theology of turmoil” preached by various extremist groups. The paper also examines an example of one of the most original studies — on the principles of citizenship (muwāṭana) according to Islam, which largely incorporates the main features of the entire concept of Syrian crisis theology.

International Legal Resolution of the Recognition Dispute over the Intellectual Property Rights of the 'Reog Cultural Dance' by Malaysia

This research aims to describe theoretical and practical views regarding legal protection of intellectual property rights, especially in terms of traditional Indonesian culture. This research uses a qualitative writing method using a normative juridical approach. This research also touches on the juridical aspects of the case. This research was made in descriptive form with data collection techniques obtained through methods library research or what is known as library study techniques and techniques for analyzing legal materials using descriptive, evaluative, argumentative, and prescriptive techniques. The rise in cases of cultural claims made by other countries certainly provides a certain interpretation of the weak aspects of legal protection for intellectual property rights, especially in cultural matters. This can be seen, for example, in the case of Malaysia's claim to the Reog Ponorogo cultural dance, which should be viewed from a historical-sociological aspect as an original cultural heritage from the Ponorogo area, East Java. Such cases are not uncommon and often give rise to prolonged disputes which of course have implications for the diplomatic relations that exist between the two countries. Reviewing the provisions of Article 38 of Law Number 28 of 2014 concerning Copyright, it is explained that traditional cultural expressions whose creators are not known for certain have intellectual property rights protected by the state. On this basis, a special systematic system is needed to resolve the dispute. In this regard, efforts related to the process of resolving intellectual property rights disputes in the international domain cannot be separated from the legal politics that occur both in the realm of national political life and in the realm of international politics.

Liability of Housing Developers and Residents Relating to Environmental Management Dues

The purpose of this study is to investigate the legal relationship that occurs between developers and housing residents during the process of buying and selling houses starting from the binding agreement for the sale and purchase of houses until the house is occupied. Furthermore, this study discusses the liability of developers and housing residents in the event of default or unlawful acts. The policy of shutting down clean water supply carried out by developers to residents is often not only related to the failure to pay Environmental Management Dues (IPL) bills which are combined with water bills, but also often associated with other things as an effort to suppress housing residents. From a legal perspective, the developer's actions can be categorized as unlawful. On the other hand, housing residents who are dissatisfied with the developer's services choose not to pay (IPL), where from the developer's perspective, the resident's actions are in default. This study will examine legal relations and legal resolution solutions related to conflicts over Environmental Management Dues between Developers and Housing Residents.

Artificial Intelligence-based Legal Application for Resolving Issues Related to Live-In Relationship

INTRODUCTION: The societal landscape in India has witnessed a very transformative shift in the perspectives on relationships, with an increasing prevalence of live-in couples challenging the traditional norms of marriage. However, this ongoing trend has brought about a huge surge in legal complexities, including recognition, partner rights, property disputes, and inheritance issues. This study proposed an innovative approach that leveraged the potential of Artificial Intelligence and Automatic speech recognition for the registration and redressal of live-in relationship matters.
 OBJECTIVES: This research explores and seeks for the optimization of the resolution of live-in relationship disputes which occurs in the legal perspective with the help of an AI-based platform. The primary goal of this research was to overcome the physical barriers while ensuring the correct accessibility to legal procedures for the registration and addressing of the grievances related to live-in relationships. 
 METHODS: Here, the methodology followed, starting from the thorough review which was conducted using different resources from Scopus, PubMed, and ResearchGate. This research explored the increasing complaints and varying victim counts in live-in relationship cases. This finally attributed to these issues to a lack of physical access to legal remedies.
 RESULTS: This study also emphasized the major significance of AI-driven redressal processes in the real-time alleviation of the hurdles and challenges associated with live-in relationship cases. The proposed framework and platform aimed to offer an alternative means for the individuals who were unable to physically approach the authorities, facilitating a more efficient and seamless way of legal resolution more quickly.
 CONCLUSION: This study advocates for the integration of AI and AST technologies in the legal domain, specifically for addressing live-in relationship issues. The implementation of such a system had the potential to bridge gaps in its accessibility, thereby contributing to a more inclusive and efficient legal framework for individuals who are passionately involved in live-in relationships.

A Study on the Multiple Dispute Resolution Mechanisms of Systemic Jurisprudence in the Context of Big Data

Abstract The rise of complex social disputes in the digital age challenges traditional legal resolution methods. The SmartSettle platform emerges as a pioneering response, leveraging artificial intelligence to enhance the dispute resolution process. By integrating advanced algorithms, SmartSettle offers an efficient, fair, and user-friendly online environment for dispute resolution, marking a significant evolution in legal research and practice. This study examines SmartSettle’s effectiveness within the extensive data landscape, employing qualitative and quantitative methods to assess its seven core algorithms. In 2022, SmartSettle achieved a remarkable success rate of over 95% across 13,550 cases in M City. The platform guarantees equitable outcomes and high satisfaction levels among parties through its innovative minimum gain maximization algorithm. Consequently, SmartSettle effectively manages legal disputes in a big data context and sets a new trajectory for legal research and practice.

Power Shift, the South China Sea Dispute, and the Role of International Law

The arena of the law of the sea has become a battlefield for Sino-American legal warfare, commonly referred to as “lawfare,” and it is in the tumultuous waters of the South China Sea where this fierce contest of great powers rages. The divergent perspectives on international law, particularly regarding maritime law, between China and the United States stem from the countries’ distinct historical experiences, memories, and outlooks. This inherent disparity in epistemology shapes their comprehension of the fundamental tenets of the United Nations Convention on the Law of the Sea (“UNCLOS”), specifically the conflicting notions of mare clausum and mare liberum. Consequently, the universality of the law of the sea becomes compromised, tending towards a less comprehensive international framework. This article contends that any legal resolution to the South China Sea dispute must be scrutinized through the lens of balance-of-power considerations. It further proposes practical recommendations to enhance the clarity and efficacy of some of the UNCLOS institutions in response to the pressing demands of our time.

Administrative procedure as a new stage of interaction between government bodies and society

The article analyzes the provisions of the Law of Ukraine «On Administrative Procedure» from the point of view of changes in administrative proceedings for persons who directly participate in work under the general administrative procedure. It was found that before the adoption of the Law of Ukraine «On Administrative Procedure» there was no general administrative procedure in Ukraine, but all spheres of interaction of the state with citizens and business were regulated by different rules (special laws, resolutions, instructions, etc.), which led to disputes between different legislative acts.
 The construction of the system of procedural legislation is defined. It was emphasized that the interaction procedure should become unified, effective, oriented to the needs of citizens and businesses, and transparent. And the introduction of a general administrative procedure will bring Ukraine closer to the standards of the European Union, because similar laws operate in all EU member states as an integral part of the right to proper administration.
 It has been proven that the Law of Ukraine «On Administrative Procedure» will be applied to proceedings that arise during the execution of inspection powers in the field of control and supervision, as well as in the field of providing administrative services (in the field of business registration, real estate, issuing permits, certificates, licenses). The conclusion is substantiated that the Law of Ukraine «On Administrative Procedure» provides private individuals with real opportunities to prove their own position during the resolution of the specified range of issues.
 In the process of reviewing new legislation, an attempt was made to identify problematic aspects that need to be resolved. In particular, it is about the lack of appropriate informational and professional support for persons who directly participate in the work under the general administrative procedure. The generalizations made made it possible to provide recommendations to administrative bodies and their employees, who must ensure a fair and legal resolution of cases for the fruitful exercise of their powers.

Questioning a Fair Settlement as The Legal Resolution of Global Interests

The purpose of this paper is to describe the existence of a conflict of interest between nations related to their pursuit of sustainable development. This study adopts a historical approach to examine the events and movements with a focus on the historical evolution of the global environment and natural resources management landscape. The research reveals that various international events and movements indicated the conflict of interest between countries. Despite efforts to reach a fair and equitable resolution, conflicting interests persist among stakeholders, with developed nations leveraging their financial and technological superiority to put natural resources on layaway while developing nations struggle to keep up and ask for a little time. The presence of a conflict of interest in this particular case, although possibly unintended, has indirectly contributed to rising expenses and therefore potential losses for developing countries.

FORCED DISAPPEARANCES IN THE CONDITIONS OF ARMED CONFLICT: PECULIARITIES OF COMMISSION AND RESPONSIBILITY

Abstract. The article is concerned on to the study of the peculiarities of the commission of enforced disappearance in Ukraine in the conditions of armed conflict and problematic issues that arise in practice in connection with the need to bring the perpetrators to criminal responsibility for the commission of the specified offense. The prerequisites for the criminalization of enforced disappearance have been considered. The reasons for the prevalence of enforced disappearances in the context of armed conflict have been identified and investigated. Statistical data on the number of enforced disappearances have been analyzed. Attention has been focused on the specifics of the perpetration of enforced disappearances during the war in Ukraine. The method of committing of enforced disappearances in the conditions of an armed conflict has been studied, the data on the categories of persons who become victims of this criminal offense have been analyzed. Possible places of violent disappearances, including during the so-called “filtering” have been considered. Attention has been dedicated to the main element of the objective side of enforced disappearance – the refusal to recognize the fact of deprivation of liberty and to inform about the fate and location of the victim. Certain problems of responsibility for enforced disappearance have been identified, including the causes of impunity for persons who commit enforced disappearances. A conclusion has been made regarding the presence of problematic issues that require legal resolution and the need to form an effective mechanism aimed at bringing to criminal responsibility persons committing crimes of enforced disappearance in order to avoid impunity.

M.G. Mohanty vs. That State of Odisha

The Commercial Courts Act 2015 (hereinafter referred to as the "CC Act") was established to speed up the resolution of commercial disputes promptly and with as little interference as possible in the highest courts. The law also gives the Commercial Court jurisdiction to hear commercial arbitration proceedings. Although the intention is noble, the legislators inadvertently left jurisdictional inconsistencies in the law, resulting in a conflict with the provisions of the Arbitration and Conciliation Act, of 1996. The conflict of jurisdiction arises due to the distinction between the commercial courts established by law, presided over by Civil Judges Senior Division, and the provisions outlined in the Arbitration and Conciliation Act, 1996 (AC Act). According to the AC Act, exclusive jurisdiction to adjudicate disputes related to arbitration lies with the Chief Civil Court of the respective district. This discrepancy has given rise to uncertainty regarding the authority of newly established Commercial Courts to entertain applications under the Arbitration Act. While a definitive legal resolution to this jurisdictional conflict remains elusive, the Madhya Pradesh High Court, following the Appellate Court's precedent, has determined that irrespective of the claim's value, cases pertaining to arbitration must be adjudicated within the purview of the District Civil Court. It has been observed that commercial disputes connected to arbitration, as governed by Sections 9, 14, 34, and 36 of the Arbitration Law, fall under the jurisdiction of a commercial court situated within the domain of a district judge or an additional district judge. No Class I Civil Judge or any Small Claims Court can adjudicate disputes.

PENEGAKAN HUKUM TERHADAP PELANGGARAN MENGGUNAKAN KENDARAAN BERMOTOR TIDAK LAIK JALAN YANG MENYEBABKAN KECELAKAAN LALU LINTAS (Studi Kasus pada Satlantas Polres Muna)

This research investigates the law enforcement concerning traffic accidents caused by unfit motor vehicles in Muna Regency. Employing a normative juridical approach, the study analyzes laws and their connection to real events, focusing on the legal resolution of such accidents. The role of legal culture, encompassing societal behaviors, values, and beliefs, is emphasized, as effective enforcement relies on widespread legal awareness. Specifically, the study examines Article 273 of Law No. 22 of 2009 concerning Traffic and Road Transportation, which addresses criminal sanctions for road administrators. Preliminary analysis suggests potential gaps in its implementation. The research aims to identify the reasons for insufficient enforcement and proposes measures to strengthen law enforcement in Muna Regency. Recommendations may encompass increasing legal awareness, enhancing collaboration among law enforcement agencies, imposing stricter penalties for violations, and implementing more efficient monitoring systems. Ultimately, this study seeks to enhance legal enforcement strategies and promote road safety in Muna Regency by addressing challenges associated with unfit motor vehicle-related accidents. Understanding and tackling the root causes of ineffective enforcement will enable policymakers and stakeholders to develop targeted interventions, reduce accidents, and ensure proper application of the law.

Trouble in the Family State: The Public Debate on Family and Adoption in Meiji Japan

Abstract: This article examines Meiji-period public debates over adoption and the role it should play in the new family state. Efforts to produce a modern civil code for Japan form the framework for a first phase of arguments about adoption and family law reform in newspapers and journals. When the new Meiji Civil Code of 1898 established the single-heir stem family as a model of the modern Japanese family, adoption became indispensable for sustaining the family system. While the Civil Code represented a seemingly clear legal resolution to the crisis of the family, late Meiji commentators, especially women writers of fiction, vividly depicted the emotional toll adoption exacted on individuals.

Pendekatan White Collar Crime: Penanggulangan Tindak Pidana Pembayaran Upah Dibawah Minimum

Abstract: The criminal act of paying wages below the minimum wage is not distinct from the criminal aspect of white collar crime, that is a criminal offense committed by a person with a high socioeconomic status and a respectable commission of a crime in the interest of his work. The corporate criminal acts frequently include white collar crimes. The company's activities give a possibility for white-collar criminality to occur. The study investigates the legal resolution of crimes involving wages below the minimum wage using the white collar crime approach. This is a juridico-normative study employing qualitative data analysis. The juris-normative method is employed to analyze data through a library study on specialized secondary data discussing the norms contained in the provincial minimum wage provisions. Juridic-normative method refers to research that leads to the origins of white-collar crime, specifically in relation to the origins of good faith, with the intention of establishing justice. The results indicate that there are still numerous business owners who do not comply with the regulations. This practice has a significant impact on the well-being of victims of crime earning below the minimum wage. The efficacy of efforts to prevent criminals from receiving below-minimum payments must consider the causes of the crime. The examination of this research found criminological factors in the criminal act of paying wages below the minimum, white collar crime characteristics, and preventive and repressive efforts in the management of white collar crime.

Western Europe as a Model for Polish Defenders of Animal Welfare prior to 1939

This article looks at how Western Europe served as a model for Polish animal advocates before 1939. France and Great Britain inspired the greatest respect among Polish animal defenders. Polish animal lovers, fascinated by the French and English treatment of animals, discovered the effectiveness of grassroots initiatives, rather than legal resolutions and acts, for the welfare of animals. This article attempts to explain why the endeavour to copy the treatment of animals by wealthy Germans, French, and above all English and introduce it to economically poor Poland proved to be utopian.

Pengaruh Knalpot Racing Pada Kendaraan Roda Dua Yang Bising Di Kota Bima

In the midst of a pluralistic community life as problems occur that require legal resolution, so that the settlement has certainty. The complexity of legal issues becomes very dilemmatic. Even the law lags far behind when compared to the current incidence of crimes and offenses. However, amid the complexity of violations and crimes today, the law must provide legal certainty and a sense of security in society. One of the violations that concerns violations of technical requirements and roadworthiness is the use of exhaust racing / not stanfdar which directly shows an attitude of not having traffic ethics, where the use of "exhaust racing" violates Law Number 22 of 2009 concerning Road Transport Traffic. By conducting raids on the control of two-wheeled motorized vehicles with noise, it is hoped that there will be legal awareness of the public to return to using standard knalopt so that it can reduce pollution that arises and can realize the comfort of fellow road users.

Formation and Development of Elements of Legal Personification in the Russian Constitutional Legislation

In Russian jurisprudence, certain approaches to the study of the problem of legal personification have emerged in public and private law. The prerequisites for this phenomenon are laid by the legislator at the level of regulatory legal regulation. The grounds for legal personification are the individual characteristics of the subject or the characteristic features of a specific situation requiring legal resolution. The international legal and national levels of legal personification are clearly distinguished. At the international legal level, only the main trends of legal personification are indicated. At the level of national legislation, primarily constitutional, its main criteria are formulated and normatively fixed, which is being developed in other branches of legislation. In addition, the criteria of personification can be divided into material (which the subject possesses independently of the will of the legislator) and formal (which the legislator establishes). To understand the current state of legal personification at the national constitutional level, it is methodologically justified to trace the historical formation of the criteria of legal personification. From which it can be concluded that the criteria of legal personification are developed in the constitutional acts of the state and correspond to the historical stages of the development of the state, while elements of continuity are clearly observed. The Constitution of each sovereign State reflects its national identity, but at the same time, the general trends of legal personification remain.

PENYELESAIAN HUKUM PEMERIKSA PROVOS TERHADAP ANGGOTA POLRI YANG MELAKUKAN TINDAK PIDANA DENGAN PENERAPAN RESTORATIVE JUSTICE DI WILAYAH HUKUM POLDA DIY

The legal resolution of the Provos' examination of members of the National Police in criminal acts by applying restorative justice in the Yogyakarta Regional Police Legal Area is carried out by continuing to use restorative justice as follows criminal cases that have already been carried out with restorative justice. The implementation of restorative justice must still meet the specified requirements, namely material requirements and formal requirements. Obstacles in carrying out legal settlements carried out by the Provost Examiner against Police Members in criminal acts by implementing restorative justice in the Yogyakarta Regional Police Legal Area. There are five (5) obstacles that have been encountered by the Provost Examiner, namely not finding common ground between the reporter and the Police member who carried out the action. crimes, irregular fulfillment of administrative requirements in submitting restorative justice, lack of support from members' superiors, lack of budget in implementing restorative justice, and lack of training for Provos members in resolving restorative justice in criminal cases committed by members of the National Police.