Legal Validity Research Articles

The Vulnerabilities of Electronic Land Certificates and Legal Adaptation in Indonesia’s Land Registration System

In the era of rapid technological advancement, the proper adaptation of legal frameworks and secure technologies is crucial to ensure legal certainty in land ownership. The National Land Agency (Badan Pertanahan Nasional or ATR/BPN) plays a central role in managing the issuance of electronic land certificates. This research aims to investigate the role of electronic land certificates in providing legal protection in Indonesia and analyze the challenges and vulnerabilities that arise with the development of information technology. Employing a normative legal method, this study focuses on the analysis of norms and legal regulations governing the use of electronic land certificates in the land registration system. The research approach includes a legislative approach, a conceptual approach, and the use of primary and secondary legal materials. The results emphasize the importance of careful adaptation to information technology developments to maintain legal certainty in land ownership, highlighting the central role of the ATR/BPN and the necessity of appropriate regulations, data security, legal validity, technical requirements, and technology utilization, including data encryption and network security measures, to address vulnerabilities. Adequate awareness and training are also deemed essential for all stakeholders involved.

Pembuatan Akta Melalui Telekonferensi: Sebuah Hukum Cyber Notary

This research aims to examine electronic signature arrangements in electronic general meetings of shareholders. and to find out about the proof of the electronically signed deed of the minutes of the general meeting of shareholders. The research was carried out using normative research methods using a statutory approach and a conceptual approach. Analysis of legal materials uses descriptive analysis which is used to solve problems regarding the legal issues to be researched. The research results show that regulations regarding electronic signatures are contained in Article 1 number 12 of the ITE Law which explains that every electronic signature contains verified electronic information in it. And Article 11 of the ITE Law explains that electronic signatures must have legal force and legal consequences that fulfill the requirements stated in that article. And when using an electronic signature, it must be registered and certified so that legal certainty is guaranteed. Regarding the strength of the evidence, this is still doubtful because in the UUJN itself there is no specific regulation regarding the preparation of deeds carried out electronically. In implementing the GMS, the GMS minutes deed use the legal principle of lex specialis derogate legi generali. Lex generalis is Article 16 Paragraph (1) letter m, and lex specialis is the provisions of Article 77 Paragraph (4) UUPT. The legal validity of the deed of the GMS Minutes held via teleconference media still has legal force as an authentic deed and can be used as evidence in court if there are problems in the future.

Standardized Informed Consent Form for Clinicians Administering Platelet-Rich Plasma.

Introduction When it comes to medico-legal malpractice suits, lawyers and insurers tend to focus on informed consent documentation. Unfortunately, there is no standard protocol for obtaining informed consent for the use of platelet-rich plasma (PRP) injections, which might cause problems. This study aimed to mitigate this concern through the development of a standardized informed consent document for PRPinjections, grounded in evidence-based practices. Materials and methods An examination of databases was conducted to explore the medico-legal ramifications associated with PRPinjections, as well as the broader topic of informed consent, with a particular focus on the context of PRP injections. Moreover, interviews were carried out with healthcare providers and individuals who had received PRP injections within the preceding year, utilizing a semi-structured methodology. Results We developed an evidence-based informed consent document tailored for PRPinjections. To guarantee its legal validity, the document underwent review by a legal specialist. Subsequently, our institutions implemented the finalized form for PRP injection procedures over one year. Conclusion A legally valid and evidence-based informed consent form for PRP injections would ensure patient's rights, and encourage open communication and transparency between them and the doctor. Moreover, if a lawsuit were to arise, it would serve as a critical document in the doctor's defense and withstand scrutiny from lawyers and the judiciary.

Assessing the implications of short-term exemption clauses for insurers in Chinese fishery mutual insurance contracts

The exemption clauses in China’s Insurance Law delineate the scope of obligations, performance standards, and certification requirements pertaining to fishery mutual insurance and supplementary coverage. However, the legal validity of time-limited exemption clauses remains contentious in Chinese legal theory, with judicial practice evidencing inconsistent interpretation standards. This paper argues that the application of such clauses enables insurers to potentially restrict or deny liability to some extent, promoting moral hazard and violating public order and good customs. Through analysing current theories and judicial judgments, the paper examines threats and rationale underlying the incorporation of these clauses in fishery mutual insurance policies. It contends that time-limited exemption clauses essentially function as implicit coverage exemptions and should, therefore, be deemed invalid, precluding insurers from refusing claims based on time limits. The paper concludes by recommending insurers fully disclose the liability time restrictions imposed by this clause when formulating contracts to ensure policyholder awareness.

Enforcement of Criminal Elements in Administrative Actions

This study employs a normative juridical approach to explore the intertwining of administrative actions and criminal accountability within the governance framework. By scrutinizing legal norms, the research assesses the objective position of criminal elements in administrative actions, revealing a tendency to prioritize formal aspects over legal validity. The findings highlight the conflation of criminal law with administrative proceedings, resulting in disparate consequences. Consequently, policymakers may shy away from necessary actions or seek alternative routes to avoid potential risks. This study underscores the imperative to delineate clear boundaries between administrative duties and criminal liabilities to foster more effective governance practices and mitigate unwarranted legal risks. Highlights : The study emphasizes the necessity of delineating clear boundaries between administrative actions and criminal liabilities. Prioritizing formal aspects over legal validity in administrative actions can lead to disparate consequences within governance frameworks. Policymakers may resort to alternative routes or hesitate to take necessary actions due to the conflation of criminal law with administrative proceedings. Keywords: Normative Juridical Approach, Administrative Actions, Criminal Accountability, Governance Framework, Legal Validity

Normative act in the administrative litigation legislation and practice: definition and distinction from similar phenomena

The article indicates that, regardless of the form of the official document, the fact that it governs through its generally binding provisions the legal status (establishment, change or termination of rights and duties) of an unlimited circle of participants in legal relations to which this official document applies (the general direction of the rules of conduct) rather than covering only specifically defined (personified) persons - are sufficient conditions for ascertaining the normative nature of a particular official document or its certain provisions. It was established that if an official document is not characterized by these properties or only one of them is inherent in it (mandatory nature of the rule of conduct that it establishes, changes or terminates, its general orientation and the possibility of its repeated application), then this indicates that a document belongs to acts of official interpretation of legal norms (including those that are formally binding for their issuers) or acts of application of law (including administrative acts), public policy documents or other official documents.
 In addition, the author drew attention to the fact that, unlike normative acts, individual legal acts are formally binding for specific (clearly determined) persons and define only their individual rights and/ or duties within particular situations, exhausting their legal validity after their settlement. Equally important is the correct separation of normative acts from acts of official interpretation (clarification) of law, which, having a general nature and being calculated for the use of their interpretatory provisions during the period of validity of respective legal rules are not legally binding for participants in legal relations regulated by the relevant law. At the same time, it was noted that according to established judicial practice, which is based on the principles of the rule of law (primarily, on legal certainty as its component) and good governance, acts of official interpretation (clarification) of legal rules, as a general rule, bind their issuers, but due to the lack of such an effect for other participants in the respective legal relationships, these acts are not universally binding in the literal sense of this feature.

Land Archive Authentication as a Result of Media Transfer at the Land Office

The digitalization efforts undertaken by the land office do not necessarily guarantee the authenticity of its records or documents in the same manner as physical documents. Authentication is essential to reinforce the utility of digital land documents and bestow legal validity as admissible evidence in court. This research aims to analyze the implementation of digitalization and authentication of land documents at the land office. Furthermore, the analysis discusses the necessity of authenticating digital land documents to ensure that the resulting products can serve as valid evidentiary tools in legal proceedings. This research employs a descriptive qualitative approach. The study reveals that the execution of digitalization and authentication of land documents at the WG Land Office does not comply with Law No. 43 of 2009, Government Regulation No. 28 of 2012 concerning archiving, Head of the National Archives of the Republic of Indonesia Regulation No. 20 of 2011 on guidelines for authenticating electronic archives, and the Circular Letter of the Ministry of ATR/BPN No. 5/SE-100.TU.02.01/VIII/2019 on digitization standardization of warkah. In pursuit of legal certainty that aligns with formal legal truth, including the interests of all parties involved, the authentication of digital land documents as a source of juridical data is paramount in assessing and adjudicating a case before a panel of judges.

Decision of the Constitutional Court of Ukraine as interpretation legal acts

The article examines the legal nature of decisions of the Constitutional Court of Ukraine as interpretative legal acts. It is noted that constitutional law-making is a special form (variety) of law-making, which has a multi-level and multi-aspect nature, which is determined by its special nature, essence and functional purpose. Constitutional law-making is a special activity of competent law-making subjects, which is carried out in a special procedural order and is aimed at adopting, changing and canceling the norms of the Basic Law of the state and constitutional acts of law-making. The specificity of the activity of the Constitutional Court of Ukraine is that it does not administer justice in the direct sense. Its powers include: resolving issues of compliance with the Constitution of Ukraine (constitutionality), laws of Ukraine and other legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea; official interpretation of the Constitution of Ukraine; resolution of questions about the conformity of the Constitution of Ukraine (constitutionality) of the laws of Ukraine (their individual provisions) on the constitutional complaint of a person who believes that the law of Ukraine applied in the final court decision in his case contradicts the Constitution of Ukraine. It is emphasized that the legal positions formulated by the Constitutional Court of Ukraine at making decisions are based on the systematic interpretation of constitutional norms in their interrelationship, the systematic and substantive analysis of constitutional provisions. However, the interpretative activity of the Constitutional Court of Ukraine is broader than the provision of official interpretation of the norms of the Constitution of Ukraine, it also covers interpretation during the constitutional review of normative acts, public (domestic and international) treaties and during the consideration of constitutional complaints. It was concluded that the interpretive activity of the Constitutional Court of Ukraine is broader than the provision of official interpretation of constitutional norms, it also covers interpretation during the constitutionality check of normative acts, public (domestic and international) treaties (and during the consideration of constitutional complaints). Interpretative acts are an auxiliary means of constitutional and legal policy, they have a derivative, secondary character in relation to normative and legal acts. However, their role in the activity of the Constitutional Court of Ukraine is difficult to overestimate, because they are able to ensure the implementation of high-quality constitutional and legal policy in almost all directions of its influence on legal validity. They are entrusted with the function of specifying the legal norms established by the legislator for their correct and effective implementation. As a tool of activity of the Constitutional Court of Ukraine, interpretative acts are characterized by the following features: they contain confirmation of the results of the interpretation of legal norms; are drawn up in accordance with the rules of legal technique; are accepted in a procedurally determined manner; are mandatory; capable of causing legal consequences.

‘Legal Marriage is Paperwork Day’: Independent Celebrant-Led Wedding Ceremonies as a Critical Institutional Response to Changing Social Norms

Informed by a critical institutional perspective, in this article attention is turned to the choice to have an independent celebrant-led wedding ceremony in England or Wales. As these ceremonies fall outside the current legal framework, it explores how the decision to have a further wedding ceremony in addition to a legally binding wedding may indicate a weakening of legal marriage norms. Triangulating data collected from three focus groups attended by 19 celebrants, with seven semi-structured interviews with individuals who have had an independent celebrant-led wedding ceremony, two key themes are described. First, a mismatch between legal norms which expect marrying couples to take a passive detached role and an expressed desire for ceremonial autonomy including familiarity with the marriage celebrant. Second, a lack of awareness of what legal marriage involves and perceptions of legal formalities as akin to an administrative process which may be easing their separation from ceremonial rites perceived to be meaningful. Further studies with larger samples are needed to determine the extent to which personal and communal validity rather than legal validity constitutes the social institutional form of marriage.

Pre Nuptial Agreements in India: Analysing Their Legal Validity

A Family Court in Delhi recently remarked that pre-nuptial agreements should be mandatory. Pre-nuptial Agreements are now gaining popularity amongst Indian youth seeking marriage. It is a form of security through a pre-nuptial/antenuptial agreement. This could be due to changing notions of marriage amongst youth who no longer consider it a sacrament as originally intended, but rather as a partnership between two individuals.

Resolution of Land Disputes Through Mediation

This study delves into mediation as a means of dispute resolution, particularly outside the courtroom, contrasting with the prevalent use of courts, especially in land dispute cases. It highlights mediation as a direct process with enduring positive effects, aiming to achieve peace and mutually beneficial solutions while ensuring no party is harmed. The resulting agreement from mediation holds legal weight and is considered final, bolstered by a peace agreement signed between the involved parties and the mediator. The study aims to evaluate the efficacy of mediation as a conflict resolution tool outside the courtroom, culminating in a documented agreement. Employing normative legal research methods with a statutory approach, the study meticulously examines all relevant laws and regulations. Data collection utilizes literature review methods, providing a comprehensive reference base to support research on the role of mediators in dispute resolution. The gathered information is systematically compiled and analyzed using descriptive methods. In conclusion, mediation has demonstrated its effectiveness as an alternative to court proceedings in settling disputes. The mediator, acting as a facilitator, helps the parties reach an agreement. The outcomes of mediation, documented in the peace agreement, are registered in court, providing legal validity and conclusiveness to the agreed-upon terms.

State Financial Losses as a Result of Environmental Damage

Indeed, corporations serve as the primary consumers of resources and the primary contributors to environmental damage. Indonesia incurs substantial economic losses as a consequence of environmental damage. Corruption frequently contributes to the deterioration of these conditions, resulting in fiscal ramifications for the government that are attributable to environmental damage. This study aims to examine the state financial losses incurred by states as a result of environmental damage. This is normative-jurisprudential research. This research shows that environmental damage ultimately results in a financial loss for the state and must be recouped by the violating corporation. The deterioration of this circumstance is frequently correlated with corruption, leading to financial losses for the government due to environmental damage. Therefore, a comprehensive legal framework is required to maximize the recovery of this damage. Enhancing regulatory transparency concerning the distribution of state funds and calculating losses will ensure the legal validity of efforts to enforce environmental legislation in response to corporate violations. Furthermore, environmental damage affects the populace's well-being, resulting in economic and health repercussions and reduced state revenue. To promote sustainability, the government must regulate financial impacts through education and a greater focus on MSME business lines.

Facts and Rules: Incidence of the Social Environment in the Understanding and Elaboration of Law, from the Communicational Theory of Law

AbstractThe Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The Law is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction.

Arbitral Award of Oct. 3, 1899 (Guy. v. Venez.) (Preliminary Objections) (I.C.J.)

On March 29, 2018, the Government of the Co-operative Republic of Guyana (hereinafter Guyana) filed in the Registry of the Court an application instituting proceedings against the Bolivarian Republic of Venezuela (hereinafter Venezuela) with respect to a dispute concerning “the legal validity and binding effect of the Award regarding the Boundary between the Colony of British Guiana and the United States of Venezuela, of 3 October 1899” (hereinafter the 1899 Award or the Award).

Socio-legal conditioning of the differentiation of criminal responsibility for corruption offenses

The article states that it is advisable to consider the problem of social and legal validity of differentiation of criminal responsibility for corruption criminal offenses in two planes: external and internal.
 In order to establish very specific restrictions on the use of incentive criminal law measures against persons who have committed corruption criminal offenses, the legislator needed an appropriate tool: the definition of the concept of corruption criminal offense subsequently. This is due to the separation in the General part of the Criminal Code of Ukraine of a group of corruption criminal offenses and the legal consequences of their commission, which constitutes, conditionally speaking, an “external” differentiation of criminal liability. There are also legal reasons for the “external” differentiation of criminal responsibility for a corruption criminal offense, since the concept of “corruption offense” is defined in the Law of Ukraine on Prevention of Corruption (Part 1, Article 1), and corruption crimes are generally conventional and have a relatively autonomous existence determined by the provisions of international law, those documents ratified by Ukraine.
 The first step of the “internal” differentiation of criminal liability for corruption criminal offenses is determined by legal factors - the definition of the concept of “corruption” in the Law of Ukraine “On Prevention of Corruption”. The next step of “internal” differentiation is to take into account the types of special subjects of corruption criminal offenses and those spheres of social relations in which they participate and may abuse their powers or receive undue benefits. The reasons for such a differentiation seem to lie in the differences in the relations in which the above-mentioned special subjects are participants. The legislator, differentiating responsibility taking into account these spheres, firstly, determines the place of the article on the corruption criminal offense in the structure of the Special Part of the Criminal Code of Ukraine, and secondly, taking into account the importance of the relevant relations, constructs independent sanctions of criminal law norms.

Establishing a Marine Protected Area in the Waters Surrounding Dokdo: Necessity and Legality

Dokdo is an area with considerable marine biodiversity, which plays an important role in historical, geographical, and marine tourism. Recently, climate change has increased water temperatures in its surrounding waters, significantly threatening the balance of the marine ecosystem in Dokdo. This study analyzes South Korean and international laws as grounds for the necessity of establishing marine protected areas and the legal validity of such establishment to protect Dokdo’s marine ecosystem and increase the island’s social, cultural, and educational perspectives and marine tourism value within literature reviews and doctrinal study. Moreover, South Korea needs coordination and cooperation with Japan to prevent potential conflicts and implement measures for conflict management by designating Dokdo and its surrounding waters as marine protected areas.

LEGAL VALIDITY OF NOTARIAL DEEDS SIGNED WITH ELECTRONIC SIGNATURE

Currently, the profession of Notary holds significant importance in the economic landscape of Indonesia. However, there is a lack of legislation that enables Notaries to execute their duties by creating electronically signable deeds. In Indonesia, an authentic deed prepared by a Notary necessitates physical presence and cannot be executed electronically. This research seeks to identify the legal validity of notarial deeds signed with Electronic Signatures, particularly in Indonesia and New South Wales, Australia. The study aims to understand the regulatory frameworks, examine the nature of Electronic Signatures, and evaluate the implications for contract law in both jurisdictions. Utilizing a Normative Research approach, this study employs the Statute, Conceptual, and Comparative Approaches. Primary legal materials include relevant Indonesian and Australian laws, while secondary and tertiary legal materials provide additional context. A literature review involving books, e-journals, and internet sources contributes to the analysis. The research reveals a gap in explicit regulations governing electronically signed deeds in both Australia and Indonesia. Despite practical application in public contracts, especially in business collaborations, concerns about vulnerability to forgery persist. The absence of clear regulations necessitates a physical appearance before a notary for authentic deeds. The study concludes that regulatory models addressing protection, implementation, and supervision of electronically signed deeds should be explored collaboratively by the Government and the House of Representatives in Indonesia.

Das Leiden anderer betrachten – Die digitale Vorführung von Kriegsgefangenen zwischen Propaganda und Kriegsverbrechen

The display of Prisoners of War on social media has become an everpresent feature of international armed conflicts. Still, the limits of digital exposure have not yet been adequately defined under international law. The article analyses the legal validity of the prisoner’s individualisation as decisive factor for a violation of international humanitarian law. Moreover, the article outlines the circumstances under which the digital display qualifies as a war crime.

TÜRK MEVZUATI VE İÇTİHATI IŞIĞINDA İŞVEREN VE İŞÇİ ARASINDAKİ İLETİ VE BİLDİRİMLERİN KAYITLI ELEKTRONİK POSTA VASITASIYLA YAPILMASININ HUKUKİ GEÇERLİLİĞİ

Çalışmamızın amacı, literatürde henüz doğrudan ele alınmamış olan İş Hukuku alanına ilişkin işveren ve işçiler arasındaki ileti ve bildirimlerin, bir tür özel güvenlikli elektronik sistem olan Kayıtlı Elektronik Posta vasıtasıyla yapılabilmesinin mevzuat ve içtihat bağlamında incelenmesidir. Her geçen gün dijitalleşen dünyamızda, teknolojik imkanlardan her alanda fayda sağlanmaktadır. Bununla birlikte iş ilişkilerine ilişkin ileti ve bildirimlerde teknolojiden faydalanma tam manasıyla gerçekleşmemiştir. Oysa bu durum iş ilişkileri için de mümkündür. Bu kullanım hem işveren ve işçiye hem de neticede ortaya çıkacak iş ve üretime önemli faydalar sağlayacaktır. Bu bağlamda çalışmamız ile hem literatüre katkı sunmak hem de uygulamaya yönelik fikir vermek amaçlanmaktadır. Çalışmamıza öncelikle Kayıtlı Elektronik Posta’ nın incelenmesi ile başlanmıştır. Bu sistemin ne olduğu, faydaları, yasal ve içtihadi çerçevede hukuki geçerliliği incelenmiştir. Neticede bu sistem ile yapılan işlemlerin geçerli olduğu ve sistem delillerinin senet hükmünde ve aksi ispat edilinceye kadar kesin delil sayıldığı sonucuna varılmıştır. İkinci bölümde, işveren ve işçi arsındaki ileti ve bildirimler incelenmiştir. Zira Kayıtlı Elektronik Posta ile yapılacak bildirimlerin geçerliliğinin incelenmesinde ilgili bildirimlerin neler olduğunun bilinmesi öncelikli ve önemli görülmüştür. Üçüncü bölümde ise ikinci bölümde incelenmiş olan işveren ve işçi arsındaki ileti ve bildirimlerin, birinci bölümde incelenmiş olan Kayıtlı Elektronik Posta vasıtasıyla yapılmasının hukuki geçerliliği incelenmiştir. Neticede, ilgili bildirimlerin söz konusu sistem vasıtası ile gerçekleştirilmesine yönelik doğrudan bir yasal düzenlemenin ve oluşmuş bir içtihadın mevcut olmadığına ulaşılmıştır. Diğer yandan buna engel bir mevzuatın bulunmadığına ve birkaç küçük detaya dikkat edilmesi halinde İş Hukukuna ilişkin işveren ve işçi arasındaki ileti ve bildirimlerin Kayıtlı Elektronik Posta ile yapılabileceği sonucuna varılmıştır.

Criminal Application by Judges Against Defendants of Mining Without Permits in Forest Areas


 The use of criminal law in dealing with criminal acts of mining without a permit certainly does not always involve criminal sanctions, but sanctions can also be applied which have the same status as criminal sanctions. This research was conducted to determine the validity of the law related to criminal acts of mining without a permit in forest areas, to determine the criminal liability of defendants in criminal acts of mining without permits in forest areas according to Indonesian law and to find out the application of criminal penalties by judges to defendants of criminal acts of mining without permits. in forest areas (Study Decision No. 53/Pid.Sus/2021/PN Wgw). This research method uses normative juridical research with a statutory approach and a case approach (the cash approach). The research results show that the legal validity related to criminal acts of mining without a permit in forest areas has been stated in Law Number 4 of 2009 concerning Mineral and Coal Mining (UU Minerba) and other applicable legislation where perpetrators who commit violations without permits will be given administrative sanctions. in the form of compensation according to the level of damage caused to the state. As well as criminal liability for defendants of criminal acts of mining without a permit in forest areas according to Indonesian law, they will be subject to criminal action in accordance with applicable legislation, such as being subject to sanctions in the form of administrative sanctions. And the application of punishment by the judge to the defendant for the crime of mining without a permit in a forest area (Study Decision No. 53/Pid.Sus/2021/PN Wgw) has been carried out as stated in Law no. 32 of 2009 concerning Environmental Protection and Management by applying other appropriate legal bases from the laws and regulations that regulate the criminal act of mining without a permit in forest areas.