Legal Approach Research Articles

A paralegal institution: tribunals and the place of law in the framework of internment during the Second World War

ABSTRACT This article examines the emergence of tribunals as a system for legalising the internment of ‘enemy aliens’ in Britain and the United States during the Second World War. Reconstructing how these emergent quasi-judicial structures classified and reclassified civilians, it uncovers the moral uncertainties, legal frameworks, and bureaucratic dynamics that shaped the internment practices of democratic states. The history of these tribunals also sheds light on the long-term attitudes towards immigration and foreign influence in Anglophone societies. Debates on belonging, citizenship, and civil liberties within democratic societies often spanned a longer time period, reaching from the anti-immigration legislation of the 1900s to the globalisation of internment in the First World War, before culminating in the emergency measures of the Second World War. The article uses a multidirectional approach at the intersection of legal studies, biography, social and institutional history. By synthesising historical records, juristic analyses, and personal narratives, it elucidates how the tribunal systems navigated the complexities of intelligence assessments and public opinion dynamics. Furthermore, the comparison between British and American tribunal systems unveils both convergences and divergences in legal approaches and administrative practices. Considered within broader historical contexts, the tribunal system sheds light on the way legal frameworks both shaped and were shaped by wartime exigencies.

Advancing Asset Tokenization in the European Union and Latvia: A Regulatory and Policy Perspective

Our study examines the regulatory challenges and opportunities of asset tokenization within the context of the European Union (EU), emphasizing the balance between technological innovation and investor protection in the digital economy. Focusing on 2023 EU Markets in Crypto-Assets Regulation and its application in Latvia, we utilize comparative legal and integrative literature review methodologies to explore how regulatory frameworks can enhance investor accessibility, liquidity, and transparency in digital transactions. Our findings emphasize the importance of strong legal frameworks in promoting economic growth and protecting investors, thereby contributing to a more inclusive financial ecosystem. By examining the regulatory landscape for distributed ledger technology, we provide insights into how regulations can balance innovation in asset management with the imperative of investor protection. We offer a broad analysis of the intersection between legal frameworks and technological advancements in Latvia, illustrating how diverse regulatory approaches can support both economic development and investor interests. Our research originality lies in its focus on the EU’s regulatory diversity, particularly in Latvia, and its implications for broader European and international regulatory environments. Our study contributes to ongoing discussions on optimizing regulatory strategies to facilitate secure and advantageous financial technologies, reflecting the diversity of legal and economic approaches across Europe.

The Concept and Signs of Remote Crimes

Introduction. The article provides a comprehensive criminal law study of remote crimes. The modern doctrine of criminal law in this field is analyzed. It is established that the opinions of modern scientists regarding the legal understanding of the category of "remote crime" differ. Some authors reveal this category through theft committed using various achievements of the IT industry, which we recognize as a narrow approach. Other researchers rightly expand the boundaries of the remote method of criminal activity, bringing under the category of "remote crime" any crime that is prohibited by criminal law and excludes direct physical contact between the victim and the subject of the crime. In this regard, it is proved that remote crimes, which today form a separate independent group of a wide variety of socially dangerous acts, are endowed with special legally significant signs.Materials and methods. Are presented by referring to the modern doctrine of criminal law, criminology and the practice of applying criminal law in law enforcement, as well as the complex use of such general scientific methods as dialectics, logic, comparison, juxtaposition, induction, deduction, generalization, division, as well as the following private scientific methods of cognition: comparative legal, formal-logical, system-structural, content analysis and mathematical.Research results. The analysis made it possible to consider theoretical and legal approaches to the interpretation of remote crimes, clarify the concept of remote crimes in modern criminal law, study modern judicial practice on the issues of applied interpretation and criminal qualification of remote crimes, identify and characterize the key objective and subjective signs of these crimes, focus on the increasing criminogenic potential of crimes committed at a distance and their increased public danger to ordinary citizens, so it is for the security of society and the state as a whole.Discussion and conclusion. Remote crimes are a special kind of socially dangerous acts prohibited by criminal law, committed in conditions of territorial separation between the subject of the crime and the object of the crime (victim), as well as characterized by the absence of direct physical contact between them, including with full or partial mediation of criminal actions (inaction). The signs that distinguish remote crimes from other types of crimes are accumulated in the objective side and characterize a special method and a special environment in which a socially dangerous act finds its development.

Equity in Education Management: Bridging the Gap and Policy Disparities for Non-ASN Teachers

This study explores the legal and human rights challenges faced by non-ASN teachers in Indonesia, emphasizing the fundamental right to education and the professional rights of teachers as a cornerstone of equitable development. The research highlights the urgency of addressing systemic inequities in the compensation, benefits, and job security of non-ASN teachers compared to their ASN counterparts. Employing a normative legal approach supported by empirical data, the study examines legislative frameworks and their practical applications in East Luwu Regency, South Sulawesi, Indonesia. The findings reveal significant gaps in policy and practice, which undermine not only the professional dignity of non-ASN teachers but also their basic human rights, including the right to fair compensation and protection from discrimination. These disparities contravene national and international human rights standards and hinder the fulfillment of Indonesia's constitutional mandate to promote education for all. The study concludes with actionable recommendations for legal and policy reforms to ensure fair treatment, professional recognition, and human rights protection for all teachers, thereby strengthening Indonesia’s education system and upholding human dignity. The government’s responsibility to uphold teachers' rights is essential for fulfilling its broader commitment to human rights and education as a constitutional right.

Storytelling and the campaign for abortion legalization in Argentina: the emblematic cases of Ana María Acevedo and Belén

ABSTRACT During the recent abortion rights campaign in Argentina that culminated in the 2020 legalization of abortion on request, the names of Ana María Acevedo and Belén were widely chanted in protests, the media, and the National Congress. These young women’s stories, which became emblems of Argentine feminist movements, centered around the denial of legal abortions and the criminalization of obstetric events, especially those of poor women in the interior of the country. This article examines the role of two emblematic cases of strategic litigation that took place during the Argentine abortion rights campaign. While the literature increasingly warns about the counter-productive effects of “negative” abortion narratives and legalistic approaches to feminist emancipatory causes, I show that these emblematic cases contributed to fostering a federalized coalition that played a key role in the mobilizations for abortion rights. Based on an analysis of archives and interviews, I argue that even as feminist movements relied on dominant gender and class norms to advocate for the implementation of lawful abortions, emblematic case building empowered local feminist movements through individual and collective transformations and solidarities, broadening discursive spaces surrounding abortion in different areas of the country.

“Enhancing equitable impact: ethical, legal, and sustainable approaches in short-term surgical outreach for global child health”

“Enhancing equitable impact: ethical, legal, and sustainable approaches in short-term surgical outreach for global child health”

Kriminalisasi Kemiskinan dalam Perspektif Sosiologi Hukum terhadap Kebijakan Penertiban Masyarakat Marginal

This study aims to analyze the policy of regulating marginalized poor communities in the context of legal sociology, as well as the impact of the policy of regulating marginalized communities socially and legally. This research uses a normative method with a legal sociology approach to analyze policing policies against marginalized communities as a form of criminalization of poverty. Research focuses on written and unwritten legal norms related to poverty and human rights. The main data source includes statutory regulations, while secondary data consists of literature and expert opinions. Data collection techniques use library research, with qualitative analysis based on legal sociology theory. The results of this research show that marginal poor communities in Indonesia live in limited socio-economic conditions, often face discrimination, and are marginalized by policies that do not support them. Social inequality between rural and urban areas is still significant. Repressive policing policies, such as forced evictions and criminalization of informal activities, worsen their situation. This research emphasizes the need for social justice-based policies that empower marginalized communities, as well as legal reform to create a more inclusive and fair system. The active involvement of marginalized groups in policy making is very important to break the cycle of poverty and improve their welfare

Driving under the influence of drugs - The failed quest of finding medical signs indicative to driving impairment.

Motor vehicle accidents (MVA) are the leading cause of death in childhood and young adult age. One of the most important factors behind MVA is driving under the influence of alcohol (DUIA) and drugs (DUID). The importance of DUID is rising together with the increasing drug abuse. The legal approaches to DUID are based on impairment, impairment per se or zero tolerance. In case of impairment, the negative effect of the substance on the driving abilities has to be proven by a forensic expert, which can be challenging. This study compares the medical signs registered during blood sampling with the concentrations of substances detected by toxicological examination to find medical signs indicative of impairment. Statistical analysis did not find a correlation between substance concentration and measured parameters (pupil diameter, blood pressure and pulse rate). No connection was found between substance concentrations and the appearance of medical signs. The results indicate that pupil dilation, heart rate, and blood pressure could not be used as indicators of possible driving impairment by drugs, and no medical sign could reliably indicate the driving impairment by substances other than ethanol.

المواجهة الجنائية للقرصنة الرقمية للبطاقة المصرفية وسبل الوقاية منها بالتشريع المغربي

Cybercrime has evolved in light of the rapid pace of the electronic revolution that has touched all aspects of life. This progress has not been without its drawbacks, as various financial and banking institutions have been affected by the increase in criminal activities that have exploited the rapid pace of e-commerce and the use of bank cards as a tool for monetary transactions. This paper focuses on the digital hacking crimes that have affected bank cards, which is one of the serious forms of electronic hacking that threatens the security of personal data and banking security according to Moroccan legislation and means of prevention. The study addressed the concepts of cybercrime and digital hacking, and discussed Moroccan legislation related to the offence of bank card hacking, starting with the law on terrorism, Law 03-07 supplementing the Criminal Code and Law 43-20, and legal approaches to this offence. One of the most important findings of the research is that the Moroccan legislator, in order to better protect automated data processing systems, updated its legal arsenal by issuing Law No. 07-03, under which the offence of bank card hacking falls within the scope of the offences of fraudulent access, forgery and information fraud. The problem is manifested in the multiplicity of texts criminalising and punishing this offence and the overlap between them, which makes them all applicable due to their multiple descriptions. Draft Law No. 03. 23, amending and supplementing the Code of Criminal Procedure, addresses many important issues related to this subject. The study recommends strengthening and updating the legal system in accordance with the latest developments and best practices, considering fair trial guarantees. The study also recommends strengthening the technical preventive role and professional training in the competent authorities and updating it regularly to keep abreast of the latest security threats and address them effectively, develop awareness and education campaigns, and strengthen institutional, regional and international cooperation.

Measuring Vertical Integration in the Technology Sector: Indonesia, the US, and the EU in Unfair Competition

On several occasions, Indonesian competition authorities have attempted to apply Article 14 to adjudicate violations related to vertical integration practices; however, these attempts were invalidated at the objection and cassation levels. The criteria utilized include the concepts of unfair business competition and public harm, as these terms are instrumental in determining the impacts of violations concerning vertical integration. This research aims to examine the legal approaches employed by Indonesian competition authorities in addressing vertical integration, with a particular focus on the technology sector. The findings indicate that the criteria for assessing whether vertical integration constitutes a violation of unfair business competition vary among Indonesia, the United States, and the European Union. In Indonesia, the emphasis is on preventing the exclusion of access to essential raw materials or significant buyers, utilizing the Rule of Reason approach. In contrast, the U.S. evaluates public detriment by balancing fairness and competitive benefits, whereas the EU focuses on market dominance and its potential to reduce competition. Despite these variations, all three jurisdictions share a common objective of enhancing consumer welfare and promoting competitive market conditions, with specific regard to differing regulations on online sales restrictions.

Consumer Protection Strategies through Legal and Management Perspectives in the Era of Voice Cloning

The advancement of artificial intelligence technology, especially voice cloning, opens up opportunities for innovation while also presenting new risks in digital marketing. This study explores the potential for misuse of this technology to manipulate consumers through false promotions, using a legal and management perspective. Using a normative legal approach and literature study, this study analyzes regulations in Indonesia, such as the Information and Electronic Transactions Law, the Consumer Protection Law, and the Personal Data Protection Law, and compares them with practices in other countries. The results of the study indicate that regulations in Indonesia are not yet adequate to handle the complexity of voice cloning misuse, especially in consumer and personal data protection. Therefore, companies are advised to adopt strategies such as utilizing detection technology, increasing consumer digital literacy, and implementing stronger internal policies. This study highlights the importance of updating regulations that are more responsive to technological developments, including voice cloning. In addition, cross-sectoral collaboration between the government, industry players, and the community is key to protecting consumers while utilizing the potential of voice cloning technology responsibly and ethically.

Urgensi Kewenangan Constitutional Complaint dalam Penguatan Hak-Hak Konstitusional

The idea of ​​the urgency of constitutional complaint authority to the Constitutional Court is part of an effort to protect the rights of citizens protected by the 1945 Constitution. This arose because the constitutional rights of citizens are often violated by various parties, including non-compliance of state administrators and abuse of authority in the executive, legislative and judicial realms. This study discusses the urgency of constitutional complaint authority for strengthening constitutional rights in the Constitutional Court of the Republic of Indonesia. The method used in this study is descriptive analytical research using a normative legal approach. The results of the study show that in order to strengthen the meaning of the constitutional life of Indonesian citizens and as a last resort for violations of citizens' constitutional rights, constitutional complaint authority needs to be given to the Constitutional Court as a form of constitutional supremacy in regulating people's sovereignty, because constitutional complaints are part of the problem of constitutional review. This is clearly stated in the spirit of the Preamble to the 1945 Constitution and is in line with the essence of the presence of the Constitutional Court of the Republic of Indonesia

The Legal Concept of Joint Property of Mixed Marriage in the International Civil Law System from the Perspective of Legal Justice

Mixed marriage between Indonesian citizens and foreign citizens has become an increasingly common phenomenon due to rapid globalization and increasing tourist visits to Indonesia. One of the main issues is regarding the arrangement of joint property, which is influenced by the various legal systems of each couple's home country. This study aims to analyze the perspective of legal justice in the reform of joint property arrangements in mixed marriages. The research method uses a normative legal approach, with data collection through relevant literature reviews and in-depth interviews. The data was systematically analyzed and tested for validity using the triangulation method to ensure validity. The results of the study show that differences in legal systems between countries create significant challenges for couples in managing, owning, and dividing joint property. Inequality and discrimination are common, especially in cross-border property ownership, which can be detrimental to one party. To overcome this challenge, harmonization of international civil law is needed through the application of the principles of universal justice and inclusive legal reform. In addition, the development of marriage agreements that are responsive to globalization can be a solution to provide better legal protection, reduce uncertainty, and ensure that the rights of couples are met fairly. This study recommends legal reforms that prioritize the principles of justice and the protection of rights in mixed marriages, in order to create a legal system that is more responsive to the dynamics of globalization.

Sertifikasi Halal Badan Penyelenggara Jaminan Produk Halal (BPJPH) dalam Perspektif Yuridis

The Halal Product Guarantee Administering Body (BPJPH) is an official institution that has been authorized based on the mandate of Law no. 30 of 2014 concerning Halal Product Guarantees. BPJPH has high authority in implementing halal certification. Halal certification is mandatory for halal business actors in Indonesia. This research aims to find out how the halal certification process is carried out by BPJPH and the reasons behind why BPJPH implements regulations like this. The research method used is qualitative with a juridical or normative legal approach. This research is included in library research or library research by reviewing literature that is appropriate to the research object. The data sources used are the Halal Product Guarantee Law (UU JPH) and its derivatives and the official BPJPH account which is normative and can be accessed by the public. The research results show that halal certification by BPJPH is carried out in two ways, namely independently/regularly and self-declare. Each has a different halal certification flow. The legal basis for implementing halal certification by BPJPH is Law no. 30 of 2014 concerning Halal Product Guarantees, Government Regulation Number 31 of 2019 concerning Implementation of Halal Product Guarantees, Minister of Religion Regulation Number 26 of 2019 concerning Procedures for Halal Certification, and BPJPH Regulation Number 61 of 2022 concerning SOPs for Halal Certificate Application Services at BPJPH.

Environmental Law and Policy in BRICS Countries: Legal Analyses of Sustainable Development Goals and Enforcement Strategies’ ’Human Rights in BRICS: A Comparative Approach to International Standards and Domestic Legal Systems

This paper examines the legal frameworks and enforcement strategies related to environmental governance and human rights in BRICS countries-Brazil, Russia, India, China, and South Africa. Through normative analysis, the study explores the alignment of national laws with Sustainable Development Goals (SDGs) and international human rights standards. The findings reveal significant variations in legislative approaches and enforcement mechanisms across BRICS nations, influenced by socio-economic priorities and institutional capacities. The analysis highlights the challenges of balancing economic growth with sustainability and social equity while identifying best practices and opportunities for regional collaboration. This study contributes to the discourse on sustainable development by emphasizing the need for integrated legal approaches to environmental governance and human rights protection in BRICS countries.

Transformation of Public Trust in Restorative Justice by the Prosecutor's Office: An Islamic and Social Law Approach in the Contemporary Era

This study examines the transformation of public trust in implementing restorative justice by the prosecutor's office in Indonesia, particularly in a contemporary era that demands a more inclusive and responsive legal approach. Using a qualitative approach, this research combines insights from Islamic law and social studies to examine the factors influencing public trust in restorative justice and the prosecutor's role in resolving conflicts and promoting social harmony. The study gathers insights through in-depth interviews with legal academics, prosecutorial practitioners, and community representatives, aiming to understand their perceptions of the effectiveness and fairness of the restorative justice process. From the Islamic law perspective, the study highlights a normative framework rooted in values of justice, consultation (shura), and restoration (islah), which closely align with the core principles of restorative justice. Social studies provide additional depth by exploring the influence of individual experiences, legal awareness, and public perceptions of the prosecutor's office on trust dynamics. The findings indicate a gradual increase in public trust in restorative justice within Indonesia, reflecting growing acceptance of its potential as an alternative to conventional punitive measures. However, significant challenges persist, particularly regarding transparency and consistency in its implementation by the prosecutor's office. Studies on similar cases worldwide reveal that transparent processes and accountability are essential for maintaining public confidence, underscoring the importance of addressing these gaps in Indonesia. By positioning restorative justice as a culturally resonant and equitable alternative within Indonesia's legal framework, the study provides actionable insights for policymakers and practitioners striving to create a justice system that aligns with societal needs and ethical values.

Current International Legal Issues of the Institute of Diplomatic Asylum

INTRODUCTION. The granting of asylum to people persecuted by the host State on political grounds in the premises of diplomatic missions can be traced in the practice of different countries for many centuries. Nevertheless, the institution of diplomatic asylum remains one of the most controversial issues of international law and diplomatic practice primarily due to the lack of international legal regulation, which leads to divergent positions of states on the admissibility of granting diplomatic asylum. In practice, inconsistent practice in this regard serves as a basis for potential international disputes, as well as violation of the inviolability of diplomatic missions by the host State, abuse of immunities and privileges and interference in internal affairs by the accrediting State. Despite the existence of a treaty framework governing the procedure for granting this type of asylum, the practice of Latin American countries is also inconsistent and contradictory. In this regard, the article analyzes the current international legal issues of the institution of diplomatic asylum, including its role and place in international law, along with the peculiarities of the procedure for granting it both in Latin American countries and in states of other regions. MATERIALS AND METHODS. The present study was carried out on the basis of universal international agreements, as well as regional acts applicable to the institution of diplomatic asylum. In preparing the article, the author also took into account works of leading Russian and foreign experts in the field of international law and diplomacy. In addition, for the purposes of the research court decisions rendered on the disputes arising in the course of the implementation of the institution in question were analysed. The following general scientific and special methods of cognition were used in the work: dialectical method, methods of analysis and synthesis, deduction and induction, comparative-legal and historical-legal methods. RESEARCH RESULTS. The article provides a comprehensive analysis of diplomatic asylum institution legal basis, including the inherent characteristics of Latin American regional approach to the right of asylum in premises of legations. Special attention was paid to the practical aspects of the question under consideration, based on existing case law, that facilitated the identification of conflicts of universal and regional legal norms applicable to the institution of diplomatic asylum. In particular, legal uncertainty was revealed regarding the correlation between the sovereignty of the host State and the inviolability of the premises of the diplomatic mission of the accrediting State.DISCUSSION AND CONCLUSIONS. Based on the conducted research, the author concludes that the absence of universal international legal recognition of the diplomatic asylum institution, uniform practice of states and universal international treaty regulating the issues of its granting contribute to the formation of a dangerous trend: host states apply illegal measures against foreign diplomatic missions thus infringing not only the inviolability of its premises, but also the provisions of international law, justifying their wrongful acts by the need to prosecute undesirable persons who have taken refuge on the foreign state’s territory, thereby undermining the foundations of international security. The interstate disputes arising in this regard necessitate further reglamentation of the institute of diplomatic asylum to develop a unified legal approach to the matter at issue.

Legal Awareness and Practical Approaches to Halalan Thayyiban Compliance

This study analyzes the understanding and implementation of the halalan thayyiban principle by street vendors in Ponorogo, Indonesia from a legal awareness perspective. Despite its importance in Islamic teaching, initial observations show that many vendors have not fully implemented this standard. Using an empirical law-based qualitative method, data were obtained through interviews, documentation, and observation and then analyzed inductively. The results revealed two categories of understanding: traders who understand halal in terms of substance, method of acquisition, and processing, and traders who equate thayyib with halal. Their strategies to maintain halalan thayyiban include maintaining cleanliness and using ingredients that are believed to be halal, but many have not met formal guidelines such as halal certification. Legal awareness is still low, although legal behaviors such as maintaining cleanliness have been implemented. This study highlights the need for government socialization and education to support traders in understanding and applying the principles of the halalan thayyiban. This research contributes to the development of halal policies in the informal sector and to understanding the role of legal awareness in micro businesses in Indonesia.

Islamic Jurisprudence and Local Wisdom in the Humanitarian Protection of Rohingya Refugees by Acehnese Figures

The political conflict in Myanmar has resulted in a massive exodus of the Rohingya ethnic group from their country. The acceptance of Rohingya refugees in Aceh has sparked a societal dialectic due to the increasing number of refugees. The study focused on Islamic jurisprudence and local wisdom according to influential figures in Aceh in the protection of Rohingya immigrants. The empirical legal research method was deemed appropriate to analyze the conflict between the application of Islamic law in Aceh and the rejection of Rohingya refugees. The Islamic legal approach and local wisdom were important to analyze the context of Aceh's society, which is religious and highly values its customs. This study reveals that the handling of Rohingya refugees in Aceh, according to the views of ulama, academics, political leaders, and UNHCR Indonesia representatives, emphasizes Islamic values, Acehnese local traditions, and government policies. Ulama stresses the moral and religious obligation to assist refugees, following the Teurimong Jame tradition. Political leaders highlight the importance of government regulation to prevent negative social impacts, while UNHCR emphasizes the application of international refugee protection principles. Collaboration between society, the government, and International organizations is key to a humanitarian and structured approach to addressing the issue.

PENDEKATAN FAVOR DEFENSIONIS DALAM MEREALISASIKAN HAK TERDAKWA UNTUK MENGHADIRKAN SAKSI ATAU AHLI

According to Article 66 of the Indonesian Criminal Procedure Code, public prosecutors are authorized to summon witnesses or experts to strengthen their case against a defendant. In contrast, the defendant is under no obligation to do the same but retains the right to present witnesses or experts in their defense (Article 65). However, challenges arise when defendants must summon witnesses without the backing of pro justitia status, complicating the legitimacy of such summonses. Employing a normative legal approach, it analyzes relevant laws, doctrines, norms, and practices to address the legal inadequacies surrounding the defendant’s right to present exculpatory witnesses or experts, utilizing the Favor Defensionis (FD) doctrine to address these challenges. Key findings include the following: 1) witnesses and experts play a vital role in ensuring verdicts are based on substantive truth, thereby affirming the defendant’s right to present a defense in line with equality of arms and due process principle; 2) ambiguities regarding the pro justitia legitimacy of defendants’ summonses create hesitation among witnesses or experts, impacting their willingness to appear in court; and 3) the FD doctrine supports legal interpretations that favor the defendant to maintain judicial balance. Under this doctrine, public prosecutors should summon witnesses or experts at the request of the defendant or the judge, with judges authorized to order such actions. This approach enables judges’ active judicial participation while preserving defendant’s right to independently call witnesses or experts to support their defense.