Legal Steps Research Articles

EFFORTS AND LEGAL CERTAINTY IMPLEMENTATION OF ACQUIRED ASSETS (AYDA) BY THE BANK BASED ON LAW NUMBER 4 OF 1996 CONCERNING COLLATERAL RIGHTS TO LAND AND OBJECTS RELATED TO LAND

Implementation of AYDA in the field often experiences obstacles that can cause delays in the implementation of AYDA and takes 1 (one) year to 5 more years to complete the AYDA even to the point where the process stops or gets stuck and in practice there are still many who don't follow the system set forth. regulated by UUHT. So this will cause legal uncertainty for the object of Mortgage Rights controlled by the bank so that it violates the aspect of Guarantee Law that guarantees cannot be owned by creditors. The formulation of the research problem (1) What legal steps can be taken if the implementation of the AYDA is not based on Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land? (2) What is the legal certainty of the Mortgage Object Controlled by the Bank in the Implementation of Foreclosures of More Than 1 (One) Year? The research method used is normative legal research method. The primary legal material used is the applicable laws and regulations relating to the issues to be discussed. The secondary legal materials used in this writing consist of: (1) books related to the legal issues at hand; (2) Results of research/scientific work relating to the legal issues at hand; (3) Legal magazines/journals/articles on legal issues encountered. tertiary Legal Materials, at this writing, namely: Big Indonesian Dictionary; legal dictionaries; Encyclopedia; Newspaper. The results of the study show that legal remedies that can be taken if the implementation of the AYDA are not based on Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land, namely ordinary legal remedies and extraordinary legal remedies. Legal Certainty of Mortgage Objects Controlled by Banks in the Implementation of Foreclosures of More Than 1 (One) Year, namely Mortgage Objects in principle cannot be owned by creditors as referred to in Article 12 of the Mortgage Law. To protect this principle, Article 12A of the Banking Law stipulates that collateral purchased by a bank must be resold as quickly as possible in order to pay off its receivables because banks are not allowed to own the collateral that has been purchased. This is an embodiment of legal certainty on the Mortgage object that is controlled by the bank in implementing the AYDA for more than 1 (one) year. Legal certainty in this regulation is to maintain the principle that the guarantee is not to own the goods, but is used to guarantee that the debtor will carry out his obligations until they are paid off or if they fail, they can be sold as soon as possible to pay off the debtor's debt.

Analysis of Decisions of The General Meeting of Shareholders That Have a Balanced Percentage of Share Ownership

This Legal Research is entitled Juridical Analysis of the decisions of the General Meeting Of Shareholders (GMS) that have a balanced percentage of ownership in a limited liability company. If there is a Limited Liability Company in which there are only 2 (two) shareholders who have a balanced percentage of ownership so that there is a problem, namely that one of the shareholders does not attend the GMS or one of the shareholders does not agree on a GMS decision. The provisions regarding the quorum of the GMS and the decisions of the GMS have been determined with certainty, but in reality problems regarding this are still encountered. This research based on by 2 (two) problem formulations, the first is how to regulate shareholders who have a balanced percentage of ownership in the legislation, then the second is how the legal steps should be taken by shareholders. The First results of this study are if the two shareholders still have different interests then the Company is unlikely to continue. Because the two shareholders are decision makers, and if the deadlock continues then this will have an impact on the Company. In this case, the district court may dissolve the Company on the grounds that it is impossible for the Company to continue. And the Second, is a legal step that can be taken by one of the shareholders is to apply for an application to the district court, namely by requesting a quorum and the decision of the GMS.

The Intersection of Cryptocurrencies with Securities Law

The Intersection of Cryptocurrency and Securities Law has been discussed in various legal contexts in the present scenario. The rise of cryptocurrencies has put forth fresh challenges for investors as well as regulators and there is a need for clear direction on how to interpret the transactions that include digital currencies. The advent of crypto exchanges has formed an entire ecosystem of services and participants, who are looking to provide liquidity, exploit price differences for profit, and support the investments. The focus of the study is to investigate the legal and regulatory steps taken to include cryptocurrencies within securities law. The paper will delve into the distinctive attributes of cryptocurrencies and analyse the different regulations in which they can be classified as securities. Moreover, it will inspect the fluctuating regulatory strategies adopted by various countries and entities, such as the United States Securities and Exchange Commission (SEC), United Kingdom’s Financial Conduct Authority (FCA), The Australian Securities and Investments Commission (SIC), Securities and Exchange Board of India (SEBI) and others.

LE SENS CONNOTATIF A TRAVERS L’EPITHALAME NANDE : CAS DE LA COMMUNE DE KAYNA AU SUD DU TERRITOIRE DE LUBERO

The present study went from a fundemental question that consisted of some mechanism which should depictan allow people to discover the implicit and explicit meanings tha are hidden in epithalamium oral of oral literature.
 Taking into account the same question, this work tried to provide the reader with a given number of strategies and methods, especially literary ones that can help people to know the hidden meanings that are conveyed in nuptial songs that are from Nande.
 It also helps or aims at describing the style which is used by Nande community to teach and and give pieces of advice to people who are concerned with the wedding ceremony. This study aims also at helping people to render authentic their weddings by respecting all the legal steps required everywhere in the society, in the church and family.
 From different approaches, like stylistic, thematic and semiotic and some technics, we have discovered that epithalamiums are educational and relavant in the society;
 We reached this level after investigation and interview that proved us that through out four musical songs and stanzas of irregular measures, the literal and literary interpretation gave us some samples composed of great stylistic figures of speach like metaphor, metonyny, synecdoche, etc.
 We also discovered some themes that deal with moral, hospitality,patience, basic education, social integration, responsibility, relationship of spouses and the share of enheritance. Apart from all given above, we also discovered the social - cultural value that is embodied in the clan, the society, the community and the ancestral traditions.

Legal Policy of Constitutional Complaints in Judicial Review: A Comparison of Germany, Austria, Hungary, and Indonesia

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>This article focuses on the legal policy of constitutional complaints in judicial review. It compares the European model (Germany, Austria, Hungary) and Indonesia. These four countries have a legal policy in common, a constitutional court with a centralised court system and judicial review (abstract judicial review, concrete judicial review, and constitutional complaints), but the MKRI lack constitutional complaint. Three constitutional complaints policies in these courts can be used as a reference for the strengths and weaknesses of each judiciary on regulations and legal practices. However, Germany's constitutional complaints policy is better than Austria's and Hungary's. Its excellence is caused all ordinary court decisions as an object dispute; decisions are final and binding; individuals and organisations can submit this application and legal aid by the lawyers or professor of law in the oral hearing; the process only takes one month and is free of charge and the trial with or without an oral hearing. In the future, MKRI needs this authority with legal policy steps amending the MKRI Act, and the last step is an amendment to the 1945 Constitution.</p></td></tr></tbody></table></div>

GOVERNMENT LEGAL POLICY AND SOCIETY'S ROLE IN OVERCOMING THE PRACTICE OF COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN

The practice of commercial sexual exploitation of children (CSEC) in several areas in South Sulawesi Province is a phenomenon that is very troubling to the community. The government has been faced with many problems that have damaged the future of children. This study aims to determine the form of CSEC and analyze government legal policies and the role of society in preventing the practice of CSEC. This is empirical legal research with data sources from government officials and the public. CSEC covers prostituted children, child pornography, trafficking of children for sexual purposes, child sex tourism, and child marriage in certain cases. Responding to the widespread practice of CSEC, the government and society have taken several legal steps to overcome the practice and prevent the consequences that arise through counseling and law enforcement, especially against the perpetrators.

An Analysis of the November 25 Prevention of Violence against Women Public Service Advertisement Published in Turkey in the Fight against Violence

The mass media encompasses the entire field of daily practices and social life through verbal and semiotic language, which causes changes in the behaviour patterns of social actors. Social reality is reproduced again and again through mass media and media. It is seen that these tools are used to change perception-behaviour in the desired direction in the purposeful composition of this production. In this context, public service announcements to be presented through mass media, which can be instrumentalized based on social problems, can raise awareness. One of these problems is the existence of violence in different fields and especially violence against women. Apart from the standard legal steps, social awareness is increased to solve the violence problem in Turkey. Various public service ads and printed materials were prepared to raise awareness and behaviour change about the situation. In this context, the public service advertisement named "November 25, International Day for the Elimination of Violence Against Women" was analyzed with the semiotic analysis technique. Accordingly, in ads, it is underlined that characters exposed to violence, as in TV series, have also been intensely exposed to violence in the past. It is emphasized that violence is a learned behaviour.

THE PROBLEMS OF INVESTIGATING PERPETRATORS OF COUNTERFEIT MONEY DEALERS

Circulation of counterfeit (fake) money is a part of crimes against currency. At present, crimes against currency continue to occur and are latent, the most important impact caused by crimes against currency is public interest and can threaten monetary conditions and the national economy. This research was conducted to see how the problem of criminal investigations against criminals as money dealers and their obstacles. The research method used in this research is descriptive research method, and examples of legal events at the Umbulharjo Police, Yogyakarta City. Next, what are the legal settlement steps and criminal sanctions against counterfeit (fake) money dealers, based on the provisions in Indonesian positive law regulated in the Criminal Code and more specific laws and regulations, namely Law Number 7 of 2011 About Currency. Where the provisions of the criminal law are contained in articles 33 through 41. It is necessary for the role of Bank Indonesia to continuously disseminate information on the ins and outs of money being measured, especially in certain denominations.

Przyrodnicze i społeczne aspekty wandalizmu podpaleń drzew pomnikowych

The article analyses cases of arson attacks on trees – natural monuments in Poland in terms of their social and natural losses over a period of almost 100 years (1925-2021), with the incidents recorded mainly in the second decade of the 21st century. The loss in the natural aspect is related to the species structure of the trees set on fire (only deciduous species), age (the reported minimum age was about 300 years), dimensions (the reported circumference range was from about 460 cm to about 1050 cm) and biocenotic value (hollows, decay, habitat for protected animal species). Some of the trees set on fire were exceptional in respect of nature terms on a national or even international scale (the Chrobry Oak, the Mieszko I Oak and the Napoleon Oak). The loss, in social aspect, results from the loss in the value of the monumental trees in terms of tourism and recreation, history, culture, emotions and education. However, the analysed websites lacked references to the undoubted value of these trees in the scientific aspect. The presented problem of arson attacks on monumental trees and the resulting considerable natural and social losses requires that legal and organisational steps be taken as soon as possible in order to reduce or eliminate the discussed threat in the future.

Cancer care for Ukrainian refugees during the first 6 weeks of 2022 Russian invasion – An experience of a cancer reference centre in Poland

BackgroundOn 24th of February 2022, Ukrainian cancer patients had to face a new war. Here we describe an experience of the Maria Sklodowska-Curie National Research Institute of Oncology Branch Krakow in providing cancer care for Ukrainian refugees during the initial 6 weeks of war. We present patients’ characteristic, point out the main challenges and share initiatives undertaken. Materials and methodsFor this cross-sectional analysis, we have gathered demographic and clinical data together with date of crossing the Polish-Ukrainian border for 112 Ukrainian refugees with cancer who had their first-time oncology consultation between 24th February and 8th April 2022. We have also implemented national guidelines and created local procedures, interventions and policies to manage this situation. ResultsThe peak of patient inflow was the third week of War and refugees accounted for 13% of all first-time patients within that period of time. The majority of refugees were women (86%), treated radically (57%) with breast cancer (43%). Most of the patients required systemic treatment (67%). Amongst the main challenges at the time were differences in the reimbursement system, communication issues, lack of patients’ documentation or tissue samples, prolonged diagnostic or treatment interruptions, increased risk of COVID-19 infections, chemotherapy side effects, and lack of procedures. Legal, procedural and organizational steps implemented at the local and national level were described. ConclusionsThe Russian invasion on Ukraine forced an unexpectedly high number of Ukrainian cancer patients to seek help abroad, leading to the straining of the health care system in Poland.

KEJAHATAN ELEKTRONIK DENGAN PEMASANGAN SKIMER PADA SISTEM TRANSAKSI MESIN ATM

The pace of improvement in internet technology will not only have a positive impact, but negative things will also appear as side effects including skimming crimes which are included in the form of cybercrime. Skimmer crime with the mode of installing tools on ATMs as a form of cybercrime crime and legal steps in overcoming the Crime of using information systems and electronic transactions. Through primary and secondary data developed and analyzed and reviewing Law Number 11 of 2008 and Law Number 16 of 2019 concerning Electronic Information and Transaction where it is known that the mode of operation of ATM electronic crimes as a form of cybercrime and the application of electronic information and transaction laws as an effort to overcome the crime of using information systems and electronic transactions.

IMPLEMENTATION OF THE RIGHT OF ACCESS TO HIGHER EDUCATION: BARRIER-FREE AND INCLUSIVE EDUCATION POLICY IN INTERNATIONAL DOCUMENTS AND ACTS OF NATIONAL LEGISLATION

The study deals with one of the most pressing problems of the educational policy of Ukraine – the introduction of Inclusive education – an education system that assimilates the needs of a diverse range of applicants and is aimed at meeting their needs. This subject is extremely relevant, since it is poorly researched within the framework of Ukrainian legal science, and the provisions of the legislation on certain issues require more active practical implementation. In this regard, the educational system of the state should be reformed primarily based on an approved national barrier-free strategy. In the context of the outlined area of educational policy development, the purpose of this study is to analyse the national regulatory framework in the field of barrier-free and inclusive education for compliance with international and European standards, reconsider the already implemented policy and practice of ensuring the educational process for people with special educational needs. The methodological basis of the study was the dialectical method of scientific knowledge, general scientific (formal-logical, analysis, and synthesis), and special-legal (formal-legal) methods. The study analyses international, European, and Ukrainian legislation regulating the introduction of a barrier-free educational environment and inclusive education. According to the results of the study, it is established that barrier-free and inclusivity are values that should become the foundation of modern educational policy. It is discovered that Ukraine is already taking certain organisational and legal steps defined by ratified international and European acts to create a barrier-free educational environment and increase the level of inclusivity in Ukrainian society, but this is not enough. It is proved that the priority task remains to adapt the legislation and practice of Ukraine to the requirements of international and European standards. The study attempts to provide a theoretical justification for the implementation of the barrier-free policy and the concept of inclusive education in the field of higher education in Ukraine. The study offers areas for implementing a national strategy and practice that can prepare the basis for the successful implementation of inclusive education in Ukraine.

CRIMINAL LAW ASPECT IN CASES OF VIOLATION OF CONSUMER RIGHTS IN ELECTRONIC TRANSACTIONS

The development of information technology currently affects people's behavior in transactions. The use of online transactions in Indonesia is growing rapidly. Without direct or face to face meeting in the transaction, the risk of crime in a transaction will increase. The transaction, which was originally a private legal activity, will intersect with the public aspect. Consumers who feel that their rights have been violated can take legal steps through criminal law instruments. As an effort to prevent the occurrence of criminal acts that harm consumers in online transactions, education is needed for the public regarding criminal law aspect in cases of violation of consumer rights. This article is the result of community service activities carried out using the public lecture method through virtual meeting or webinar. The result of this community service activity is an increase in public understanding of the various kinds of criminal acts that can occur in online transactions, the legal arrangements in the Indonesian legal system, and efforts can be made to prevent the emergence of consumer losses in online transactions.

FIFA World Cup Qatar 2022: The Remaining Legacy within Qatari Legal System

FIFA World Cup Qatar 2022™; once a dream! It is now become a true. The tournament’s opening match is only few weeks ahead and there are strong evidences that the first winter world tournament to be held in the Middle East is going to be unprecedented. The hosting nation “Qatar” has invested heavily in the preparation process; 7 new A-Z stadiums with advanced quality, unique designs, sustainable materials and technologies along with huge infrastructure projects in transportation, road’s networks, housing, fan zones, public inside and outside spaces marks Qatar 2022™ as the first World Cup in terms of investments, preparation processes, and sustainability standards. The Qatari preparations are not limited to those related to the tournament in its narrow concept, but it include some other preparations within the Qatari legal system. These legal amendments and new or special legal instruments will be –among others- the remaining legacy of the Qatar 2022 World Cup. This article will highlight the major legal steps taken by the State of Qatar in its preparation to host the World cup directly or indirectly.

Predicting Divorce Prospect Using Ensemble Learning: Support Vector Machine, Linear Model, and Neural Network

A divorce is a legal step taken by married people to end their marriage. It occurs after a couple decides to no longer live together as husband and wife. Globally, the divorce rate has more than doubled from 1970 until 2008, with divorces per 1,000 married people rising from 2.6 to 5.5. Divorce occurs at a rate of 16.9 per 1,000 married women. According to the experts, over half of all marriages ends in divorce or separation in the United States. A novel ensemble learning technique based on advanced machine learning algorithms is proposed in this study. The support vector machine (SVM), passive aggressive classifier, and neural network (MLP) are applied in the context of divorce prediction. A question-based dataset is created by the field specialist. The responses to the questions provide important information about whether a marriage is likely to turn into divorce in the future. The cross-validation is applied in 5 folds, and the performance results of the evaluation metrics are examined. The accuracy score is 100%, and Receiver Operating Characteristic (ROC) curve accuracy score, recall score, the precision score, and the F1 accuracy score are close to 97% confidently. Our findings examined the key indicators for divorce and the factors that are most significant when predicting the divorce.

Wasiat Wajibah Bagi Kerabat Yang Terhalang Mendapatkan Warisan (Sebuah Rechtsvinding)

This paper was compiled with the aim of knowing the considerations of relatives who are prevented from getting an inheritance due to different religions through the mandatory will system and the position of the mandatory will in the perspective of Islamic law. The research method used is normative juridical. Based on the results of the study, it was concluded that consideration of relatives who were prevented from obtaining an inheritance due to different religions, still getting inheritance with a mandatory will system was carried out through the argumentum per analogium method. With a mandatory will, the Supreme Court has made a legal step and this is a rechtsvinding. Based on the perspective of Islamic law, the implementation of the mandatory will is in line with the understanding that Islam is a religion that has the aim of applying the principles of justice as stated in the Qur'an and Hadith.

From Prosperity to Deadlock: What’s Wrong with Financial Supervision on Robo-Advisors in China

Abstract Robo-advisors in China improved rapidly at beginning due to low market access standards and limited financial regulations. Since 2016, regulators worked out with various measures to promote the industry. However, statistics proved robo-advisory industry in China turned out to be less prosperous after that. Though it may result from complex reasons, one of which turns out to be a side effect of financial supervision. The research figures out risks for robo-advisors to breach compliance requirements and the dilemmas they are facing. Chinese regulators apply a financial inclusive strategy and penetrative supervision, but it impedes innovation to some extents. Judicialization of supervision is another problem. To solve this deadlock, making products more abundant may be the first step, and further legal steps should be adopted, such as advocating technology-driven regulatory innovation, making clear fiduciary duties, facilitating accurate supervision and risks prediction, and establishing a comprehensive regulatory structure.

THE NOTIONS OF WAEL HALLAQ ON AN INTRODUCTION TO ISLAMIC LAW

The structural and profound nature of the changes that the professor is talking about here have achieved at least three goals that modernity has set itself: colonizing modern legal and other institutions step by step, but effectively eliminating them and At the same time, I mentioned that the process of substituting European models and introducing Islamic jurisprudence was disconnected from their socio-epistemic infrastructure of Sharia and its jurisprudence.

"Tax reconstruction" in tax legal relations.

The relevance of annual legal changes and the novelty of the application of such norms and definitions in tax legal relations, which are absent in law, predetermines the need to study such a scientific phenomenon as "tax reconstruction". The purpose of the study is regulators that allow protecting the interests of taxpayers by identifying the limits of the impact of public law on the subjects of such legal relations. The methodology was the application of system analysis and synthesis, induction and deduction, a conceptual approach to achieving a reasonable balance of public and private interests in tax relations. The scope of application is the methodology for protecting the interests and rights of taxpayers in tax legal relations, despite the fact that regulators for the protection of public interest are defined. The results will make it possible to apply regulators to protect the interests of taxpayers during in-house and on-site tax audits, practically clarify and understand the application of local documents of the Federal Tax Service of Russia, develop legal steps in the course of protecting rights and interests during control measures. Recommendations and proposals drawn up in the form of a conclusion will allow taxpayers – legal entities in particular, to develop a strategy and a line of legal protection in the course of conducting in-house and on-site tax audits against them. We believe it is correct to apply in legal regulation not only the norms but also the principles of law, both general and sectoral.

Features of the Pre-trial Investigation of Air Pollution

Concern for the regulation of relations between man and nature cannot be only an internal affair of an individual country, especially in matters of atmospheric air and the commission of crimes in this area. Most current environmental problems have a global aspect, which means they can be solved only through international cooperation. In today's reality, the European Union is taking decisive legal and organizational steps towards combating air pollution as a crime against the environment. At the same time, the legal regulation in this area needs to be updated, and the methods of conducting investigative actions need to be generalized, coordinated and involve more experts. The aim of the article was to conduct a comparative analysis of the procedural actions of competent authorities during the pre-trial investigation of air pollution in the territory of EU Member States and identify their typical features. The leading practical methodological tools were methods of observation and comparison. The study revealed the imperfection of the procedural actions of law enforcement agencies in the EU and the low level of crime detection in this area. At the same time, the involvement of experts by law enforcement agencies at the stage of the initial inspection of the scene can help to qualitatively increase the effectiveness of the investigation. As part of the research, it was proposed for the Member States to establish independent institutions in the environmental field at the national level. The reasonability of developing a unified EU Coordination Program for pre-trial investigation of air pollution in the national and transboundary context at the interstate level is substantiated. The gradual implementation of the changes proposed by the author in the territory of the EU member states will be a vector of further research in the long run.