Legal Void Research Articles

PERANAN HALUAN NEGARA DALAM MENCAPAI TUJUAN PEMBANGUNAN BERKELANJUTAN DI INDONESIA

The significance of revitalizing the Basic Guidelines of the State Policy (GBHN) through the Contemporary Policy Guidelines (PPHN) serves as a foundation for sustainable development in Indonesia. This revitalization aims to fill the legal void left by the Basic Guidelines of the State Policy (GBHN) and provide clear guidance for sustainable national development. This research employs a normative legal method and qualitative analysis, focusing on the study of legal documents and relevant academic literature. Data collection is conducted through documentation studies that encompass laws, related regulations, and literature addressing the research theme. The Contemporary Policy Guidelines (PPHN) is posited to function as a structured and inclusive framework. Mechanisms such as public consultations, integration of local policies, reinforcement of the legal framework, and effective monitoring and evaluation systems are proposed to ensure that the Contemporary Policy Guidelines (PPHN) serves not merely as a normative document but also as an operational guideline that is responsive to societal needs. Visionary leadership is identified as a key factor in accelerating sustainable development, with an emphasis on inclusive vision and innovation. The revitalization of the Contemporary Policy Guidelines (PPHN) is expected not only to provide a clear direction for national development but also to enhance legal stability and societal welfare. The integration of holistic and sustainable development is deemed essential, involving community participation and coherence between central and regional policies to create lasting positive impacts for society and the environment.

Securing Clinical Data in Honduras: Exploring Cybersecurity Regulations and the Role of Blockchain

The existence of cybersecurity regulations in Honduras aimed at safeguarding clinical data remains uncertain, leaving the populace’s health information vulnerable due to the absence of robust legal frameworks. This study sheds light on the current landscape concerning health information protection in the country, underscoring its profound impact on securing medical information systems and the realm of Internet of Things (IoT). It underscores the potential of blockchain technology to provide an innovative solution to address security challenges in this domain. Employing a systematic approach, the research delineates a timeline to elucidate the evolution of legal measures against cybercrime in Honduras, consolidating pertinent governmental documents associated with cybersecurity and the protection of medical data. Furthermore, it underscores the healthcare sector’s susceptibility to cyber threats and the primary privacy apprehensions pertaining to IoT applications in medicine. The study concludes that Honduras lacks a dedicated data protection statute, posing a significant impediment to cybersecurity regulatory efforts. This legal void impedes the effective implementation of measures to safeguard clinical information and shield it from potential cyber risks amidst the proliferation of IoT initiatives and healthcare-related ventures. Nonetheless, this circumstance may present an opportunity for the adoption of technologies such as blockchain. By enabling the establishment of tailored regulatory frameworks, blockchain can adapt to its unique attributes, thereby facilitating its integration in fortifying clinical data protection and enhancing overall cybersecurity protocols.

Domestic Facemask Waste Policy Based on Environmental Ethics in the Covid-19 Pandemic: Urgency and Challenges.

The Covid-19 pandemic greatly affected various aspects of life. To prevent and control its spread, people are morally and legally obliged to wear face facemasks. The use of facemasks brings many waste problems. However, the Indonesian policy on facemask waste management does not regard the massive environmental consequences, as the amount of domestic facemask waste reaches hundreds of tons daily with limited management capacity application. Hence, this study aims to assess current issues and policies on facemask waste from the perspective of environmental ethics. This research used the juridical-normative method, where legal rules and principles were processed to address current issues, supported by literature sources. This research employed qualitative approach to collect and analyze data. Results showed that there was a legal void which caused terrible facemask waste management in Indonesia. There was confusion in categorizing facemask waste, whether it is domestic or infectious waste, causing hazards in its management. From a deep ecology perspective, the applied facemask waste management was only beneficial for humans while completely neglecting biotic and abiotic components. To overcome this, several suggestions were: 1) categorizing domestic disposable facemask waste as hazardous waste, 2) applying sanctions for the violation of norms and tight social control on first-level management of facemask waste, and 3) using reusable facemask. The obligation of wearing facemasks that were protective for humans during the Covid-19 pandemic must be followed with policies regulating facemask waste management that consider the environment and its biotic and abiotic components.

Shaping the future of AI in healthcare through ethics and governance

The purpose of this research is to identify and evaluate the technical, ethical and regulatory challenges related to the use of Artificial Intelligence (AI) in healthcare. The potential applications of AI in healthcare seem limitless and vary in their nature and scope, ranging from privacy, research, informed consent, patient autonomy, accountability, health equity, fairness, AI-based diagnostic algorithms to care management through automation for specific manual activities to reduce paperwork and human error. The main challenges faced by states in regulating the use of AI in healthcare were identified, especially the legal voids and complexities for adequate regulation and better transparency. A few recommendations were made to protect health data, mitigate risks and regulate more efficiently the use of AI in healthcare through international cooperation and the adoption of harmonized standards under the World Health Organization (WHO) in line with its constitutional mandate to regulate digital and public health. European Union (EU) law can serve as a model and guidance for the WHO for a reform of the International Health Regulations (IHR).

Arrangements for Granting Visas and Immigration Stay Permits for Digital Nomads in Indonesia in View of Legal Certainty

In the era of globalization, Indonesia stands to gain substantial benefits by swiftly implementing regulations governing visas and residence permits for digital nomads, ensuring legal certainty and unlocking significant economic potential. This research employs a normative legal approach to analyze the concept of specialized visa and residence permit arrangements for digital nomads in Indonesia, focusing on legal certainty and the classification of their activities as work. Current findings indicate a lack of specific rules for digital nomads, leading to the use of conventional visas that may not align with their online work. As digital nomads inherently engage in freelance work, compliance with labor and taxation regulations becomes imperative. To establish lawful and protected status, the government should introduce new arrangements, such as digital nomad visas with stipulated requirements like financial capability and tax payments, fostering legal certainty for all stakeholders.
 Highlights:
 
 Legal Void: The absence of specific rules for digital nomads in Indonesia leaves them reliant on conventional visas, creating a legal vacuum for their online work activities.
 
 Freelance Work Classification: Given that digital nomads essentially function as freelance workers, the research emphasizes the necessity of appropriately categorizing their activities within the framework of labor and taxation regulations.
 
 
 Policy Recommendations: The study advocates for the prompt establishment of specialized digital nomad visas and residence permits in Indonesia, incorporating financial criteria and tax obligations to ensure legal certainty and unlock economic potential.
 
 
 Keywords: Digital Nomads, Visa Regulations, Legal Certainty, Economic Potential, Indonesia

Between legal void and racisms: reflections on the asylum seekers' banking experiences and access to justice in São Paulo

Resumo: Com base em etnografia e entrevistas realizadas nas pesquisas de mestrado das autoras, propomos aqui analisar questões voltadas ao acesso a direitos de solicitantes de refúgio no Brasil a partir da bancarização do nigeriano John e entrevistas com oficiais de elegibilidade do Comitê Nacional para os Refugiados (CONARE). Acreditamos que tanto a experiência empírica como os depoimentos de nossos interlocutores jogam luz sobre as dificuldades ou violações de direitos enfrentadas por pessoas racializadas como John ao estarem munidas com o “protocolo”, documento regular desses migrantes no país. Interessa-nos discorrer sobre a experiência social desses sujeitos que são assistidos recorrentemente sob o ponto de vista de um ser provisório, segundo Sayad (1998). Nesta análise, apreendemos as arbitrariedades que envolvem as dimensões cotidianas vivenciadas por solicitantes de refúgio em São Paulo e concluímos que estes ficam à deriva dos processos e acordos institucionais, nos quais o limbo jurídico e os racismos tornam-se lugar comum.

Analisis Rechtsvacuum dalam Hukum Acara Pidana Indonesia: Penerapan Penghentian Penuntutan Berdasarkan Keadilan Restoratif

Within the context of criminal procedural law in Indonesia, the Criminal Procedure Code (often referred to by its Indonesian acronym, KUHAP) serves as the primary normative foundation governing the prosecution process. While the KUHAP intrinsically emphasizes a retributive justice paradigm, the global legal thought trend is currently shifting towards restorative justice (RJ). A crucial element in the KUHAP that warrants further scrutiny in this context is the prosecutorial discretion concerning the discontinuation of prosecutions. This research zeroes in on the analysis of the legal void or rechtsvacuüm in relation to RJ within the KUHAP, encompassing a comparative study with RJ models applied in various jurisdictions, such as the United States, the Netherlands, Japan, and Germany. The primary objective is to identify aspects of the KUHAP, especially those related to prosecutorial discretion, that have the potential to be harmonized with RJ principles, thereby supporting the restoration of relationships among offenders, victims, and the community. The findings from this analysis are hoped to inspire a more adaptive and inclusive reform of the criminal justice system in Indonesia. As recommendations, this research suggests the formulation of more explicit regulations, enhancement of the capacity of law enforcement officers through education and training, and collaboration with countries that have a proven track record in implementing RJ.

Women’s Property Rights Being a Daughter Under Hindu Law Breaking Patriarchy and Improving Women's Rights

A wise man once observed that a country's treatment of its women might be used to gauge its overall health. This brief statement recognizes India's progress toward gender parity. Notwithstanding the point that women make major contributions to agriculture in numerous nations, they have low financial status because they do not own the property they work on. If women have access to land ownership, their level of economic independence and safety can be increased. The governments of India and other nations have put in place a number of programs to guarantee the protection of women in diverse contexts. It is not necessary to travel back in time to comprehend how estate ownership increases people's potential to enjoy full citizenship because the ancient Romans and Greeks created the right to cast a vote grounded on land ownership (age and gender). Anybody with the help of a basic understanding of European or American history can easily recognize the relationship between the franchise and property rights. In many countries in the Middle East, Sub-Saharan Africa, and Asia, men still have exclusive rights to land. Usually, women are seen as the "guardians" of their children, keeping valuables and other things in their custody. Is it a surprise that these are the same nations that consider women to be "minors" under the law, preventing them from signing contracts, opening bank accounts, or getting loans? Every legal dispute has a distinct history, from workplace sexual harassment to domestic animal abuse. For instance, unlike our traditional legislation, which solely protects the property rights of male descendants, the Hindu Undivided Family accords women with the same rights to their father's property. However, on August 11, 2020, our judicial system recognized a daughter's claim to her ancestors' property, granting daughters the same status as well as rights in the home and community and upholding the real meaning of Art. 14 of our Constitution of India. But is there a conclusion? How will this ruling touch the status of girls in Hindu undivided families (HUF) and why is it significant? The study's main objectives are to clarify the court decisions defending the daughter's property rights, point out legal voids, and further develop the concepts of equality and equity.

Status Hukum Kepemilikan Hak Atas Tanah yang Tanahnya Telah Hilang Akibat Gempa Bumi di Cianjur

Proof of ownership of a plot of land is proven by the existence of a certificate and physical control so that if these two things are destroyed, the legal relationship between the owner and the land ends. There are several causes for the end of a person's land rights, one of which is that the land object has been destroyed due to a natural disaster. Because the term "destroyed land" is used in Article 27 of the UUPA, which refers to the abolition of land rights, the state is unable to provide legal protection for destroyed land, which results in a legal void. A normative legal research approach with a statutory approach was used for the study. The result of this study is a discussion of the form of legal protection by the National Land Agency regarding the reownership of land rights whose land has been lost due to natural disasters. Land rights holders can submit a report to the land service emergency response posts to report complaints of lost or damaged certificates due to natural disasters, and then the Land Office will conduct field research as the basis for issuing a replacement certificate.

State of Affairs and Level of Knowledge of the Actors/Workers in the Veterinary Medicines Pharmacovigilance`S Sector in Côte d'Ivoire

This study was conducted in order to ascertain the state of affairs of the pharmacovigilance in Côte d'Ivoire, and to estimate the level of knowledge of the workers involved in the veterinary drug sector in the District of Abidjan. The methodological approach applied was first an exploratory survey on the existing regulatory texts and the activities relating to the veterinary pharmacovigilance in Côte d'Ivoire. Then, secondly, a cross-sectional descriptive survey was used to estimate the level of knowledge of the workers/actors in the sector of veterinary pharmacovigilance. The results of our investigations showed the non-existence of a veterinary pharmacovigilance system in Côte d'Ivoire because of the legal vacuum existing at the national level on this subject. This legal void is slightly addressed by a less explicit West African French speaking country organization (UEMOA) pharmaceutical regulation in terms of veterinary pharmacovigilance. The definition of veterinary pharmacovigilance and its current legal basis in Côte d’Ivoire is the Regulation No. 02/2006/CM/UEMOA, and the current law organizing the veterinary pharmacy, are unknown to the majority of the actors questioned. Almost all (97%) of the questioned actors felt the need to be informed and trained on pharmacovigilance.

The Role and Existence of Jurisprudency in The Legal System in Indonesia

Understanding the importance of jurisprudence in relation to the role of judges in processing a case in court, all of this indicates that jurisprudence is an integral part when judges process a case to make a decision when the written legal rules are not textually stated. And this is also the principle of freedom of action for judges, when the legal text does not stipulate concretely, this is all done to fill the legal void. However, what needs to be considered is the principle of freedom of action (freies ermeseen/discretion) for a state official (judge), may not act as freely as one's own will, but that freedom of action must result in legal decisions that are guided by the values ??of justice, the value of usefulness and the value of justice. certainty to be felt by all components of society. Thus, the role and existence of a prudential jurist in the legal system in Indonesia is highly expected to build and enforce socially just laws for all Indonesian people. For this reason, a legal issue arises, what is the role and existence of jurisprudence in the legal system in Indonesia? This requires a legal reasoning that is firm, clear and concrete so that in practice the law can be touched by all levels of Indonesian society.

The Role of Jurisprudence in the Development of Civil and Criminal Law

Judgments of cassation-level courts that are already inkracht or jurisprudence as a source of law are still debatable in legal studies, notably the use of jurisprudence in judges’ legal considerations. Even though jurisprudence is quite constructive in providing reinforcement of the judge’s considerations in their decisions, jurisprudence can also be used as a legitimate legal statement, which can complement the legal void. The research aims to examine the position of jurisprudence in the national legal system and its role in the development of civil and criminal law. The method used in this research is normative legal research combined with the statutory and conceptual approaches. The outcomes of this research show that although jurisprudence is recognized as a source of law, it is not included in the hierarchy of laws and regulations. The application of jurisprudence is in fact in line with the mandate of Article 5 of Law Number 48 of 2009 concerning Judicial Power which states that judges and constitutional judges are compulsory to explore, follow, and comprehend legal values and a sense of justice that lives within the society. Therefore, it becomes important to consider the legal standing of jurisprudence in reinforcing and developing national law (civil and criminal).

Wasiat Wajibah bagi Ahli Waris Non-Muslim di Indonesia Perspektif Najmuddin At-Thufi

This article attempts to uncover, explore, and explain that the obligatory will for non-Muslim heirs is a contemporary issue that is not found in the texts of the Qur'an and Hadith. Departing from the dualism of the view that an ikhtiariyah will is a will given voluntarily and an obligatory will, namely a will that is obligatory in accordance with the law, the researcher wants to describe the Compulsory Will for Non-Muslim Heirs in Indonesia Through the Concept of Maslahah Mursalah Najmuddin At-Thufi. The method in this research is included in the category of library research in which the data and data sources of the researchers are obtained from various literatures (books, journals, internet, and other relevant data sources). This research proves that the obligatory will for non-Muslim heirs has a positive and equitable impact on family heirs. In addition to providing a sense of justice, obligatory wills to non-Muslim heirs through Supreme Court decisions have also filled the legal void in Indonesia

Legality of Electronic Information According to Law No. 19 of 2016 as Evidence in Trials at Court

Then in Article 5 paragraph (1), (2) and (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 it has been explained that Electronic Information and/or Electronic Documents and/or their printouts are tools valid legal evidence and is an extension of legal evidence in accordance with the applicable Law of Procedure in Indonesia, which is declared valid when using an Electronic System in accordance with the provisions stipulated in this law. However, in practice there is a legal void in procedural law in Indonesia related to the strength of electronic evidence. The method in this study uses the juridical-normative method, namely solving a problem by referring to laws and regulations. This normative juridical research starts from analyzing a case and then looking for a solution through legislation. Electronic evidence can be used as valid evidence in criminal law, so by using one of the parameters of criminal evidentiary law known as bewijsvoering, namely the breakdown of how to convey evidence to judges in court. When law enforcement officials use evidence obtained in an illegal way or unlawful legal evidence, the said evidence is set aside by the judge or considered by the court to have no evidentiary value. Keywords: Legitimacy, Electronic Evidence, evidence, Trial, Court.

Implementation of Legal Protection for Economic Exploitation of Children

Numerous parents utilize or even manipulate their children for their own profit. Typically, their treatment is motivated by money or economic issues. Numerous individuals immerse themselves in the demands of their existence without thinking about what they require and require. In this study, a qualitative descriptive methodology was employed. Based on the findings of this study, it was determined that there was a legal void in the implementation of criminal acts against offenders of economic exploitation of children. Even though the child's status in the eyes of the law has been accorded special protection, as stipulated in Law No. 23 of 2002 on Child Protection, this protection is not absolute. Children entitled to parental protection, affection, and supervision are educated and cared for in accordance with their rights as children so that there are no growth phase deviations. As an institution that concentrates on incidents of violence against children, the National Human Rights Commission can also demonstrate that numerous acts of violence have been committed against Indonesian children.

Implementation of Legal Protection for Economic Exploitation of Children

Numerous parents utilize or even manipulate their children for their own profit. Typically, their treatment is motivated by money or economic issues. Numerous individuals immerse themselves in the demands of their existence without thinking about what they require and require. In this study, a qualitative descriptive methodology was employed. Based on the findings of this study, it was determined that there was a legal void in the implementation of criminal acts against offenders of economic exploitation of children. Even though the child's status in the eyes of the law has been accorded special protection, as stipulated in Law No. 23 of 2002 on Child Protection, this protection is not absolute. Children entitled to parental protection, affection, and supervision are educated and cared for in accordance with their rights as children so that there are no growth phase deviations. As an institution that concentrates on incidents of violence against children, the National Human Rights Commission can also demonstrate that numerous acts of violence have been committed against Indonesian children.Keywords: Legal Protection; Economic Exploitation; Child Exploitation

Strenghtening Financial Technology Regulations through Securities Crowdfunding Service as Alternative Means to Indonesian MSEs Financing

Micro, Small and Medium Enterprises (MSMEs) hold a crucial role and contribution in supporting the national economy. However, access to sources of MSMEs financing for business development is often constrained by several factors, one of which is the result of an assessment that is deemed to have less bankability. A number of innovations were carried out to overcome this problem. One of which is the use of fintech through the development of Securities Crowdfunding services as an alternative financing for MSEs in Indonesia. This research uses a normative juridical method with a statutory and conceptual approach. The results of this study indicate that POJK No.57/POJK.04/2020 and its amendments have filled the legal void in the capital market in accommodating the provision of Securities Crowdfunding services. However, the regulation still contains loopholes, particularly in relation to the potential risk for investors in investing activities due to the information asymmetry between investors and issuers. Therefore, it is necessary to make a push in overcoming this problem with a new mechanism by using a confidentiality agreement which is bridged by the service provider to ensure the protection of interests of the parties.

Status of the audience of the National Institute of Justice: comparative aspect and issues

During the important reforms in the field of justice in the Republic of Moldova, premises are being created to promote the general reform process and to comply with the widely recognized and internationally implemented democratic standards. From the analysis of the national legislation in comparison with other European states, I conclude that, in the Republic of Moldova, the status of persons who graduated from the initial training courses within the National Institute of Justice, in the period between graduation and „appointment” as a prosecutor, judge . (which can take years, for example the 12th promotion of the Institute), remains a legal void. This would mean that, after completing the initial training courses, the future prosecutors and judges may have the following dilemma: either to work as a legal consultant/assistant, or to open an office in the central market. The latter would seem incompatible with the future status of „official with public dignity”, but not impossible, because there are no regulations that would prohibit this. In the context, I conclude that the targeted omission creates various risks regarding its integrity, or the trainees of the National Institute of Justice, after graduation, due to the lack of a social guarantee mechanism such as „medical insurance”, „remuneration”, „a strictly regulated status”, „the inclusion of the initial training period in the length of service” - which colleagues from similar training institutions for judges and prosecutors in other countries (Romania, France) benefit from until the appointment, may become dependent on other persons or organizations, which it could further have important consequences on his professional integrity and decision-making discretion.

SOLUTION OF SHARIAH ECONOMIC DISPUTES IN THE PROVISIONS SET BY THE SUPREME COURT

Increase users of sharia contracts is directly proportional to the increase in sharia economic disputes. The occurrence of disputes can be caused by one party breaking a contract or committing an unlawful act. In the event of a dispute, the party who feels aggrieved can submit a lawsuit to the court, but it turns out that during the examination of the case the judge found that the contract used was deemed not in sharia complience, while none of the parties filed a lawsuit for cancellation the contract. In this study, the authors used normative juridical research methods. by exploring the provisions of the supreme court which serve as guidelines for judges in examining cases of sharia economic disputes, while also using a conceptual approach by looking at Islamic law concepts regarding inappropriate contracts. with Islamic law. In this study the authors conclude that there are still many legal voids governing sharia economics, the existing provisions only regulate in general and universally, even contradicting each other. As a result of this legal vacuum, the supreme court made rules for examining sharia economic cases, where in several provisions found inconsistencies in the regulations made, or even contradicting each other, so it is necessary for judges to carry out ijtihad and decide on cases that are demanded by the parties in order to fulfill the principle of divinity. and so that the decision remains on the provisions stipulated by Islamic law

L’expert judiciaire et l’irresponsabilité pénale. Débats et controverses au cours du temps et questions contemporaines

L’expert judiciaire et l’irresponsabilité pénale. Débats et controverses au cours du temps et questions contemporaines