Legal Ties Research Articles

Legal Entity State Universities Don't Have the Authority as Goods or Services Providers in the Perspective of Sharia Economic Law

The realization of cooperation ties between Legal Entity State Universities (PTN BH) and work partners, in practice, still has legal ties mechanisms that position PTN BH as goods/services providers. This research aims to determine the competence of PTN BH, which does not have a legal position as a goods/services provider in conducting legal ties with government and non-government partners. This renewable research was conducted to explore/understand PTN BH's competence in managing collaboration. In have rights practice, the realization of cooperation still shows that PTN BH is a provider of goods/services in carrying out cooperative relationships with Government and non-government partners. This research uses a normative doctrinal approach or normative juridical legal research, which examines the internal aspects of positive law or legislation. The data collection technique was carried out through a literature study in the form of secondary data in the form of articles that have been published in journals as basic research material. The results of this research show that there are basic principles for PTN BH in collaborating with partners, namely the non-profit principle, the tri dharma principle of higher education, and the principle of truth and justice from a Sharia perspective. Economic law following Sharia economic law principles.

Effect of Reproductive Health Education on Teenagers Through Video Media on Knowledge and Attitudes Regarding Sexual Pre-Marriage in SMPN 1 Dente Teladas

Premarital sex is contact between partners of the opposite or same sex, for example holding hands, kissing lips, kissing cheeks, petting, and having intimate relations, which is carried out without the legal ties of marriage according to religion and marriage law. The aim of this research is to determine the effect of reproductive health education on adolescent knowledge and attitudes about premarital sex in junior high school students. The type of research used is experimental research using a pretest-posttest design. The sample in this study was 98 students consisting of 49 experimental groups and 49 control groups. Data collection uses a questionnaire. Data analysis used the Wilxocon test. From the research results, it was found that the average knowledge of teenagers before being given education in the intervention group was 5.9 after being given education was 10.7 , in the control group it was 6.1 before and after 7.3 . The average attitude of adolescents before being given education in the intervention group was 23.8 and after being given education was 37.5. in the control group it was 23.9 and after administration in the control group it was 26.8 . There was an influence in the intervention group and the control group after being given and not being given educational video media on adolescent reproductive health on knowledge and attitudes about premarital sex at SMP N 1 Dente Teladas Tulang Bawang Lampung (p-value = 0.000). There was a difference in knowledge between the intervention and control groups of 44.82, while the difference in attitudes between the intervention and control groups was 49.0 (p-value = 0.000). It is hoped that education will be provided on an ongoing basis in schools .

Novation and indemnity as ways to terminate an obligation

In modern contractual practice, novation and the transfer of the indemnity are quite relevant ways of terminating the obligation, which makes it necessary to deepen the characteristics of the distinguishing features and the principles of distinguishing the mentioned mechanisms for terminating the civil obligation. It is substantiated that one of the main and primary differences between novation and indemnity, which should be paid attention to when characterizing the legal relationship between the parties, is the purpose. In particular, it is emphasized that during novation, the parties must intend to replace the existing one with a new obligation that did not previously exist between the parties and that arises on the basis of the concluded novation agreement (that is, in this case, it is not about changing the conditions or a separate condition for the performance of the original obligation). Novation is primarily characterized by the fact that the conclusion of an agreement on a new obligation generally does not terminate the legal relationship of the parties, since instead of the initial obligation, the validity of which is terminated, a new obligation agreed upon by them arises, and therefore, a legal relationship between the creditor and the debtor continues At the same time, the transfer of the object of indemnity agreed upon by the parties instead of the fulfillment of the original obligation is aimed primarily at the liquidation of legal ties between the parties. With the transfer of the assignable object, that is, with the execution of the assignable agreement, the initial obligation is terminated and the legal relationship between the parties is also definitively terminated, without further development or change in accordance with other grounds or conditions. It is this aspect that is key in the characterization of the differences between indemnity and novation in combination with other grounds for distinguishing the mentioned legal institutions, because the purpose and functions of novation and indemnity in the regulation of civil legal relations are completely different, which determines the choice by the parties of one or another way of terminating the obligation depending on the goal they expect to achieve. Some approaches in the doctrine regarding the differences between novation and indemnity have been clarified and supplemented, in particular with regard to the moment of termination of the original obligation, the peculiarities of the composition of the terminating fact.

International standards of citizenship and resolution of citizenship issues when changing the territory of the state

The fundamental element of the development of any state is the strengthening of its legal ties, as well as the formation of a high-quality and new legal system for the protection of the rights and legitimate interests of a person and a citizen, including the sphere of acquiring Ukrainian citizenship. The legal framework that regulates the institution of Ukrainian citizenship at this stage is fragmented and inconsistent, and the process of forming such a framework is not systematic and consistent, which causes problems in legal regulation. It is important to examine the doctrinal approaches and views that relate to the institution of citizenship. There are different approaches to defining the concept of citizenship. It is interpreted from different aspects – political, legal or philosophical. The content of citizenship can be a stable legal connection with a certain state or a person’s belonging to a certain state, the people of a nation. Among the key characteristics of the institution of citizenship, the most important is its influence on ensuring the rights and freedoms of a person and a citizen. Citizenship gives a person a number of rights, including the right to protection by the state, participation in elections and public administration, access to social services and protection in court. It also imposes obligations, including: protecting the homeland, paying taxes, being loyal to the state, obeying the law, and participating in society. This interaction determines the ways of realizing civil rights and responsibilities, solving conflicts and problems related to citizenship and migration, as well as the formation of civil identity and joint responsibility for the future of the country. The definition of the signs of citizenship is also insufficient in the legal literature. These problems make it necessary to study the general legal and doctrinal characteristics of the institution of citizenship.

O Supremo Tribunal Federal como garantidor do estado de direito ambiental no governo do presidente Jair Bolsonaro

This paper aims to analyze the performance of the Supreme Federal Court (Brazil) on environmental rulings, originating from international obligations assumed by Brazil and the posture of the government of Jair Messias Bolsonaro, which oscillates between populism and denialism. The rhetorical strategy of the heads of the federal Executive is not a recent novelty in Brazil, and the latest President of the Republic, following the modus operandi of other counterparts, intensified the use of populism in an attack on the international legal order and its institutions. In its functions, the Brazilian Federal Legislative was held in a mere supporting role, without a clear defense of the internationally binding legal ties to Brazil, or a posture of interpellation to the Executive for the maintenance and enhancement of domestic law in the face of law arising from outside its territory. Thus, the Supreme Federal Court assumed the condition of guarantor of transnational legal claims and international law, as a brake on this negationist populism against International Law, contemplating the prevalence of the protection of Human Rights, Democracy, Environment Law, and the Rule of Law. For the development of this research, the inductive method was used, operationalized by the operational concept techniques, bibliographic research, and jurisprudential analysis.

From Interpersonal Privacy to HumanTechnological Privacy: Communication Privacy Management Theory Revisited

Purpose: Communication privacy management (CPM) theory is a major theory explaining the tensions between disclosing and concealing private information in interpersonal communication. By considering differences in interpersonal and human-technology information disclosure and drawing on existing work related to privacy and technology, this article presents CPM theory as a broad theoretical framework for human-technology privacy boundary management. Method: This research employed a speculative theoretical approach by drawing on existing literature and synthesizing it to both apply and extend CPM theory’s propositions to human-technology privacy boundary management. Results: CPM theory can be applied to understand the dynamics of human-technology information disclosure and should incorporate technological literacy as a key consideration in human-technology privacy boundary management. Legal ties characterize human-technology privacy boundary coordination instead of social ties. Additionally, in human-technology information disclosure contexts, CPM theory should provide guidance regarding managing third parties that may gain access to information. Conclusion: CPM theory is the most comprehensive framework for how individuals manage privacy boundaries, be it in interpersonal or human-technology contexts. By considering technology as a property of technological actors instead of an actor itself, CPM theory in human-technology contexts becomes a flexible theoretical framework for understanding information disclosure and privacy boundary management, both for existing technologies (e.g., social media, online shopping platforms, artificial intelligence, Internet of Things) and future technologies.

Осуществление семейных прав и исполнение обязанностей в структуре семейного правоотношения

Introduction: the exercise of family rights and fulfillment of obligations is associated with family legal relations. For actual exercise of family rights and performance of obligations, it is important to identify the relationship between the concepts. Of particular interest for research are family legal ties. Purpose: to identify the structure and attributes of family legal relations, the features that affect the exercise of family rights and fulfillment of obligations; to determine the types of family legal ties. Methods: historical, comparative legal, structural‐and‐functional. Results: the paper provides a review of scientific positions, identifies attributes of a family legal relationship, identifies legal ties depending on the participants in a legal relationship, proposes a classification of legal ties into types. Conclusions: the conclusions obtained as a result of the research can be used to develop scientific knowledge about the exercise of family rights and performance of obligations.

On the problems of legal regulation of criminal procedural legal relations functioning at the initial stage of execution and serving of criminal sentences and their impact on criminal executive legal relations

The article analyzes the problems and features of the legal regulation of criminal procedural legal relations arising, changing or terminating at the initial stage of execution and serving of criminal sentences. The paper deals with the legal relations functioning within the boundaries determined by the moment when the court's conviction comes into legal force and the beginning of the actual execution of the criminal punishment (measure) by the authorized institution. In the course of the research, the author comes to the conclusion that for the normal development of criminal procedural legal relations and the timely emergence of general and specific criminal-executive legal ties at the initial stage of execution and serving of criminal sentences, it is necessary: - to solve problematic issues arising at the stage of the entry into force of the court's conviction and its appeal for execution. For example, it is proposed to fix in the Criminal Procedure Code the fact that only the person in respect of whom the conviction of the court has entered into legal force will be a convict, which will contribute to the elimination of problems related to the determination of the legal status of persons in respect of whom the accused the court verdict has not entered into legal force; - to make changes in terms of improving the legal status of convicts before they are sent from the pre-trial detention center to prison. For example, it is necessary to provide an opportunity for a convict to have a meeting not only with shy people, but also with other persons; - to exclude from the criminal procedural and criminal executive legislation duplicating norms that may differ in structure and create problems for the legislator. The conclusions are the result of a long study by the author of the norms of criminal procedural and criminal executive law, the practice of their use, as well as a survey of practitioners (365 prison officers were interviewed) who carry out criminal sentences.

Status Anak Kelahiran Perkawinan Tanpa Pencatatan Pemilikan Harta Warisan dari Ayah Biologis dalam Masyarakat Tionghoa di Kota Bagansiapiapi

In Kota Bagansiapiapi, it is common to find the Chinese community performing marriages based on their beliefs without registering them with the Civil Registry office. Divorce due to the death of the husband/father in such cases results in the marriage and child remaining unregistered. The unregistered child faces difficulties in inheriting paternal rights due to the lack of legal ties. This study aims to explore the mechanism of acknowledging children born from unregistered marriages within the Chinese community, the legal position of inheritance rights for children born from unregistered marriages, and the legal protection of a child's inheritance rights. The empirical research was conducted at the Vihara, the Civil Registration and Population Office, and Notaries in Kota Bagansiapiapi. The findings reveal the mechanism for acknowledging children and the implications of unregistered marriages on a child's inheritance rights. Legal protection for a child's inheritance rights remains fragmented and lacks harmonization with administrative regulations on population and marriage.

KEABSAHAN AKAD NIKAH DALAM PERNIKAHAN DENGAN WALI DAN ATAU CALON SUAMI DISABILITAS DENGAN BANTUAN TEKNOLOGI DI INDONESIA

The purpose of this article is to explain the validity of marriage settlement in marriages with guardians and or disabled fiance with the help of technology in Indonesia. Humans have a very important aspect, which is marriage. Through marriage, men and women can unite with legal ties, to form a harmonious and loving household. Not all individuals in this world have normal physical conditions, both in terms of the quality and quantity of their body parts. This research uses qualitative research with the type Library Research. That is by taking sources from books, contemporary scholarly books, or scientific works. Data collection techniques are obtained through documentation. This research was carried out by triangulating/comparing information from different angles along with collecting data consisting of book sources. Analysis is carried out simultaneously with data collection which consists of data reduction, data presentation, conclusions. The results of this research are: KHI views regarding disabled marriage guardians is that by considering the condition of disability as an obstacle in a marriage ritual, the position of disabled marriage guardian is transferred to the marriage guardian according to the next level. Meanwhile, the law does not specifically regulate a disabled fiance, Article 17 paragraph (3) states that fiance with a hearing and speech disability can express consent in written form or in signs that can be understood. This makes KHI not very friendly to people with disabilities, while Disability Fiqh defines a marriage guardian with a disability as a man who has physical limitations who has full authority to accept a partner in a marriage settlement. In disability fiqh, disabled fiance is a man who has physical and bodily limitations, who is ready and able into a marriage settlement. The existence of Law no. 8 of 2016 can provide a bridge or as a tool for people with disabilities in optimizing the function of body parts to help achieve physical independence in the validity of marriage settlement in marriages with the help of technology.

EU-Korea trade relations in the context of global disruption: political and legal perspectives

Trade has long been the foundation of relations between the Republic of Korea and the European Union, and the conclusion of a comprehensive free trade agreement between the two sides in 2011 was both a recognition of the value of economic exchange and a catalyst for deeper cooperation in subsequent years. This paper discusses in some detail the governance of trade relations and other aspects of economic cooperation between Korea and the European Union, highlighting the multilayered nature and the expanding scope of legal ties between the two sides. The positive bilateral cooperation occurs however against the background of a changing and increasingly challenging global context. The failure of the Doha Round, the limitations of the World Trade Organization, and the growing concerns about de-coupling between the USA and China are all developments that complicate efforts towards trade liberalization and indeed threaten to disrupt global trade significantly. These adverse trends contain particular risks for Korea and the EU, both close allies of the USA and also both economies that are deeply integrated with the Chinese economy. Managing Korea-EU trade relations is therefore becoming both more complicated but also more important, and in conclusion, the paper provides an outlook on these future challenges.

Administrative liability for non-implementation of local self-government bodies’ decisions

The scientific study is devoted to the problems of administrative responsibility for violating the requirements of the by-laws of local self-government bodies. Legislative acts and the list of administrative offenses regulating the powers of local self-government bodies are studied. The article examines the works of scholars who have studied the peculiarities of administrative liability for violation of parking rules, ensuring silence in cities, and waste management.It is stated that the binding nature of decisions of local councils and their executive committees is one of the guarantees of local self-government. Guarantees of local self-government are defined as a system of conditions that provide territorial communities with the exercise of the right to local self-government. Attention is drawn to the fact that local councils make decisions on the budget, housing, communal services, land relations, improvement, education, and health care, and regulate other legal ties. Failure to comply with many by-laws of local self-government bodies may entail administrative liability. Administrative offenses in budgetary, land, environmental relations, and settlement improvement are analyzed.
 Cases of qualification of by-laws violations of local self-government as administrative misdemeanors are determined. The objective side of the composition of these administrative offenses is described.
 The authority of local self-government bodies to bring offenders to administrative responsibility is clarified. Proposals for expanding the competence of administrative commissions and executive committees in bringing administrative responsibility are made. It is proposed to establish a list of violations of by-laws of local self-government bodies in the Law of Ukraine On Local Self-Government in Ukraine, for which administrative responsibility is provided for citizens and legal entities.

NOTARY RESPONSIBILITY FOR THIRD PARTY LOSSES DUE TO THE ISSUANCE OF THE DEED OF BINDING OF LAND PURCHASE AGREEMENT

Third parties in the formation of the Deed of Sale and Purchase Agreement (APPJB) Land have rights to the object regulated in the PPJB even though they are not involved in its formation as long as they have legal ties to the object being agreed upon. So that when a material loss occurs to a third party originating from the issuance of the PPJB, does the notary have the responsibility to compensate for the loss or vice versa. This type of legal research is a type of normative legal research. The results of this study indicate that legal remedies that can be taken by a third party if the deed of binding sale and purchase agreement issued by a notary causes harm to him is to send a subpoena, carry out an unlawful act lawsuit, report an alleged criminal act and make a complaint to the Regional Supervisory Council. The form of liability that can be borne by a Notary for the issuance of the Deed of Sale and Purchase Binding Agreement which is detrimental to third parties is civil liability by compensating for losses suffered by third parties in accordance with the provisions of Article 1365 of the Civil Code (KUHPerd) and criminal liability, namely serving a criminal sentence in accordance with the criminal provisions in Article 263 paragraph (1) and (2) or 264 or 266 of the Indonesian Criminal Code (KUHP) and ethically responsible according to Article 85 by receiving administrative sanctions.

About civil legal relations in the context of the complication of legal relations in their structure

The scientific article examines the role of legal ties in the analysis of civil legal relations. Emphasis is placed on the expediency of distinguishing central and auxiliary legal ties. According to the authors, the specified division is necessary in those legal relationships where connections of different legal natures are combined. It is argued that if this division is not implemented, it may be difficult to determine the institution of private law that will regulate a specific legal relationship.The position is expressed that the issue of central and subsidiary legal relations is followed in corporate legal relations. The outlined conclusion is made on the basis of the fact that these legal relations combine relations of different legal nature, in particular: binding, property, corporate. However, it is argued that in corporate legal relations, the connection of a corporate nature plays a key role. Of course, the importance of other legal relationships is not denied, however, it is noted that they should be understood through the prism of corporate law.The authors of the article agree that the example of «intersection» of legal ties of different legal nature is followed when studying the norm of civil law as an object of civil legal relations. The authors are in solidarity with the scientific opinion that at the stage of creating a legal norm, the authors of the draft law are granted copyright. However, after the publication of the law, the rule of law acts as information, and accordingly, is the object of information law.Based on this, it was concluded that the norm of civil law simultaneously combines the characteristics of the object of intellectual property law and information.Attention is drawn to the fact that digital things, such as: virtual assets and digital content, also contain legal ties of different legal nature. In addition, it is assumed that in the digital environment it is possible to predict the appearance of other objects with a complex legal nature, which will clearly be reflected in the features of the civil legal relationship with such objects.A conclusion was made about the further expediency of developing doctrinal approaches in the direction of researching complex legal relationships that have a different legal nature with the centering of the main legal relationship and additional ones that are characteristic of a specific civil legal relationship. The outlined approach, according to the authors, will be useful when searching for an institution of civil law that regulates relevant relations.

Konsekuensi Hukum Dan Perlindungan Hak Dalam Perkawinan Beda Agama Di Indonesia

Marriage between two people who have different religions is prohibited by almost all religions in Indonesia. Even though efforts have been made to obtain legal marital status, when a marriage is carried out, it is still obligatory to pay attention to Article 2 of Law Number 1 of 1974 concerning Marriage. The existence of an official registration in the form of a marriage certificate cannot be overlooked, because without it, marriages that are valid but not registered will not be recognized by the State. Marriage without legal recognition certainly has legal consequences, especially if it involves partners with different religions. This can create significant legal problems for husbands, wives and third parties, including the inheritance rights of children born in the marriage. The existence of a legal marriage is the basis of rights and obligations between husband and wife. The existence of a legally valid marriage and offspring born from a legal marriage are crucial to protecting the wife's rights regarding joint living and property. This is because, as stipulated in Article 43 Paragraph (1) of the Marriage Law, children born from illegitimate marriages only have legal ties with their mothers.

The Concept of Family Business Legitimation in the Context of Private Law and Public Law Regulation

In the modern economic and legal model of social relations, family members take the most active and direct part in entrepreneurial legal relations, the essence of which is often reduced to the organization of business processes by spouses, children and other relatives within the framework of the concept of a family business form of entrepreneurship. We believe that this segment of economic-social and family entrepreneurship is quite significant from the point of view of the doctrine and practice-oriented direction of the implementation of the modern theory of entrepreneurship aimed at providing additional support for small and medium-sized businesses, quite often organized by means of family and legal ties, which does not exclude its application for large corporations and holdings. The paper proposes a modern concept of legitimation of family entrepreneurship through the prism of private law and public law regulation, substantiates the need for additional state support for this form of doing business, provides conclusions and some proposals for reforming legislation aimed at legalizing family entrepreneurship in Russia, publishes a memorandum on the current state and further implementation of measures to legalize family entrepreneurship in the post-reform period in Russia.

Comparative Study of Criminal Liability of Offenders Committing Fraud and Money Laundering Together as Continuing Actions

The rapid progress in all areas of life including economic, financial, trade, banking and social developments has brought certain legal implications for Indonesia. Law plays an important role in human life, legal ties connect humans with other humans and connect humans with the objects around them. This type of research is normative legal research, namely legal research conducted by examining literature or secondary data which is also known as doctrinal research. The legal research approach is the statutory approach, case approach, conceptual approach. The statutory approach by examining all laws and regulations that are related to criminal issues of additional restitution for victims of criminal acts. First Anugerah Karya Wisata (First Travel). Furthermore, in the Decision of the Makasar District Court Number 1235/Pid.B/2018/PN.MKS in the case of money laundering and embezzlement, the regulation of criminal acts of jointly committing fraud and money laundering as continuing actions in criminal law in Indonesia is regulated by Article 3 Jo. Article 4 Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (UU PP-TPPU). While the laws and regulations governing criminal acts of fraud are regulated in Article 378 of the Criminal Code.

К вопросу о свободном выборе в пользу духовной, культурной и правовой связи с Российской Федерацией соотечественников за рубежом

Introduction. The current concept of “compatriot abroad” is supplemented by the condition of free choice in favor of spiritual, cultural and legal ties with the Russian Federation. The purpose of the work is to study this condition in the context of the designated concept. Theoretical analysis. The author has revealed that free choice is an action committed by a person, indicating the desire for the emergence of legal relations based on spiritual, cultural and legal ties with the state in order to be recognized as a compatriot abroad. Recognition of compatriots abroad is based on free choice as an act of self-identification, expressed in various types of activities of a person in Russia and abroad. Еmpirical analysis. The author identifies two key problems that arise in the process of recognition of a person as a compatriot abroad: the impossibility of fully realizing the legal status of a compatriot in foreign countries and the abuse of the possibility of obtaining this status in the Russian Federation. Results. The appearance of the construction of “free choice in favor of spiritual, cultural and legal ties with the Russian Federation” in the legislation on the legal status of compatriots abroad is evaluated positively. However, it requires an addition of a mandatory condition of proficiency in the Russian language.

Правовые вопросы трудоустройства и заключения трудового договора

The problems of legal regulation in Russia of prohibitions and restrictions on the conclusion of an employment contract, as well as the provision of additional guarantees or preferential rights to applicants in employment, are highlighted. The author argues that it is expedient to enshrine in article 64 of the Labor Code of the Russian Federation a ban on refusing to conclude an employment contract for disabled persons sent to work within the established quota. It is argued that, as a rule, legal ties in employment relations with the employer are implemented in the “right-right” type, which does not contain guarantees of concluding an employment contract with the applicant. The author substantiates the conclusions about the expediency of systematized placement of norms on prohibitions and restrictions on the conclusion of an employment contract, additional guarantees and preferential rights provided to applicants in employment in separate articles of the Labor Code of the Russian Federation, and in the future – in its separate chapter on the employment of citizens with employers.

Protection from social risks as a factor in ensuring the right to live in dignity

The quality of human life as an important part of its worthy existence is directly related to the ability to meet socially significant, including basic living needs. Modern society can be called not just a society of chance and risk, but a society of risk. In the context of the difficult economic, social, and political situation in Russia, as well as the unpredictability of the future, the protection from social risks — primarily from their negative consequences by means of the social security system — is becoming one of the priorities of social policy. It must meet the expectations of all citizens and fit into the modern communicative context. This study employs the formal legal method and system analysis, as well as elements of the method of comparative law, which aided in studying the designated issue from interdisciplinary positions, as well as in demonstrating the practical interpretation of the concept of social risk and protection from it. The debatable aspects are considered on the example of indexation of pensions for working pensioners. The solution to this issue, which is ambiguously perceived by both the population and the scientific community, has received some development in recent years, the impetus for which was the position expressed by the Constitutional Court of the Russian Federation in 2021. The article substantiates the opinion that the indexation of pensions for working pensioners does not fully comply with the constitutional principle of equality of rights and freedoms of all citizens. It puts them in an unequal position in terms of the purchasing power of their income, since the wages of working pensioners are guaranteed to be indexed. From the point of view of the psychological context, when making decisions and implementing them, it is necessary to pay attention to the achievement of consensus in society. Without proposing drastic measures to completely abolish the indexation of pensions for working pensioners, the authors propose the idea of a different terminological definition of this payment, which would allow building adequate communicative legal ties.