National Legal Regulations Research Articles

ARTIFICIAL INTELLIGENCE AS AN INNOVATIVE TOOL OF CORRUPTION PREVENTION IN JUDICIARY: THE ADVANTAGES

There has been made an attempt in the article to assess the possibility and expediency of application of information and communication technologies and their highest manifestation – artificial intelligence – as an anti-corruption tool in the judiciary. The essence and modern forms of the artificial intelligence phenomenon and its connection with information and communication technologies have been analyzed. There has been researched national and foreign legal regulation on the application of artificial intelligence both in the field of public administration in general and in the field of the judiciary and administration of justice in particular. The cases of the most «significant» corruption events in the judiciary have been presented and an attempt to find out the reasons of the failure of traditional tools to prevent corruption has been made. There has been called into question the ability of the state to overcome such a negative socio-power phenomenon as corruption without the implementation of radical steps which have long been overdue and became even more actualized during the armed conflict. Some positive examples of the information and communication technologies use in the judiciary have been demonstrated. Separate advantages of using artificial intelligence as a new tool for preventing corruption in the administration of justice have been briefly systematized. There has been emphasized that artificial intelligence due to its impartiality is fully capable to ensure the realization of the right to a fair trial, preserving time, financial and human resources, and reducing the level of corruption. At the same time, there has been underlined that without studying the risks and threats of using computer programs at this level of their development, relying only on them as a panacea for the destruction of corruption practices is imprudent and premature. Finally, an impulse for further research of artificial intelligence and its features as a tool of corruption prevention in the judicial system has been given.

A protocol for identifying the needs related to drug use, health and social (re)integration of people living in prison within five European countries

BackgroundCompared to the general population, people living in prison are at an increased risk to experience negative (mental) health outcomes. Moreover, delinquency and drug use have many risk factors in common. A need exists for increasing the knowledge about health needs, drug use patterns and the coverage of drug-related interventions in prison within Europe. The current protocol describes the design of a study about wellbeing, drug use and related care in prison.Methods/designA multicentre mixed method design is implemented in five European countries (Belgium, Cyprus, Greece, Lithuania and Luxembourg). Qualitative and quantitative data collection tools are combined in order to generate complementary and comprehensive results. First, a cross-sectional survey among people living in prison is conducted. This survey is based on a model questionnaire, the European Questionnaire on Drug use among people living in Prison, developed by the European Monitoring Centre for Drug and Drugs Addiction. Second, people living in prison and people who have been recently released from prison are involved in qualitative semi-structured face-to-face interviews. The main topics of interest are the use of drugs and other health related topics such as loneliness, anxiety, depression, infectious diseases, suicide and treatment. Third, data regarding health and social reintegration measures in prison is collected through a quantitative survey addressed to the prison authorities.DiscussionThis study protocol presentes a European study which aims to assess drug use among people living in prison and recently released people who use drugs as well as the existing care services in prisons. Hereby, factors related to the prison environment and their needs, both inside and outside prison are taken into account. Importantly, this study protocol describes a methodology which is developed to be executed in different prison settings within different countries simultaneously. Accordingly, for each country the protocol is adjustable to specific national legal requirements, regional differences and distinct local regulations of prison administrations. However, extensive modularity inevitably comes with significant limitations of comparability and generalizability of the results.

Международный оборот материальных объектов культурного наследия: международное и национальное правовое регулирование

In the article, the issues of international and national legal regulation of the international circulation of material cultural heritage objects are conducted based on the analysis of their main features and directions with the diversity of opinions in the legal literature. Besides, in the article, comparative analyzes are made with reference to important international documents and national legislative acts of the Republic of Azerbaijan. The mentioned analyzes can be considered important in improving the issues of international and national legal regulation of the international circulation of material cultural heritage samples. So, along with the convergence of the national legislations of the states in the field mentioned here, the further improvement of international normative-legal acts, including the adoption of new international-legal documents, is of great importance. Keywords: material cultural heritage, international circulation, international cooperation, international obligations, responsibility of states.

Problems of ensuring the systematic legal regulation of the functioning of the innovative infrastructure

Problem setting. In the conditions of martial law, the problems of rebuilding the national innovative economy and legal regulation of the activities of innovative infrastructure entities are of primary importance for ensuring national security and adapting to new challenges. Effective legal regulation of the functioning of innovation infrastructure entities using a systemic approach is able to ensure the proper level of development and functioning of the national innovation ecosystem and all its subsystems, including regional ones. However, at present, the state innovation policy and regional innovation policy do not have an effective relationship and an effective mechanism for supporting the activities of innovation infrastructure entities. Analysis of recent researches and publications. Problems of legal support and improvement of the functioning of the national innovation infrastructure and its elements have been studied by many scientists. S. V. Hlibko considered the issue of legal support for the strategy of the innovation process based on the organization of the functioning of the innovation infrastructure, including the features of the infrastructure support for the innovation process. O. V. Rozghon investigated the mechanism of technology transfer and its implementation in the innovation process. The issues of legal regulation of public procurement as a means of state regulation aimed at stimulating innovative activity in the European Union were considered in the scientific works of V. A. Chubenko. Purpose of research is to study the topical legal issues of ensuring the systematic legal regulation of the functioning of innovation infrastructure. Article’s main body. The legal support of the national innovation ecosystem should have effective means of supporting and stimulating the implementation of innovative activities and the corresponding infrastructural support of the innovation process, taking into account modern challenges and generally defined strategic orientations of the state in this area, at the same time, the construction of an effective innovation policy should also take place according to the principle of adaptive formation, taking into account real the needs of regulatory regulation, the current state of innovation development, the need to ensure effective interaction between all subjects of the innovation infrastructure and components of the national innovation system. It has been correctly determined that various legislative and by-laws in the field of innovative infrastructure development are insufficiently consistent and meaningfully connected, for the vast majority of elements of innovative infrastructure, both the content and the order of creation, specifics of activity, mechanisms of state regulation, etc. have not been defined. Therefore, the regulatory and legal provision of innovative infrastructure should be of a sys-temic nature, taking into account the peculiarities of carrying out innovative activities in the conditions of martial law and the urgency of the processes of Ukraine’s integration into the European political, economic, security, and legal space and the approaching acquisition of Ukraine’s membership in the European Union. Thus, ensuring the systematic legal regulation of the activities of innovation infrastructure entities is a key task in creating a favorable environment for the development of innovations; to achieve this goal, it is necessary to implement complex approaches and develop appropriate legislative mechanisms. In addition, ensuring the system of legal regulation of innovative activity requires a comprehensive approach and improvement of current legislation, taking into account the requirements of the modern innovation market and the need to accelerate European integration processes. Conclusions and prospects for the development. Based on the analysis of issues regarding the state of regulatory regulation of the functioning of innovative infrastructure, it is reasonable to conclude that the main shortcomings in the regulation of the specified area are: unsystematic legal regulation of the development of innovative infrastructure; lack of a purposeful and consistent state innovation policy coordinated with regional directions of innovation development; lack of effective systematic forecasting and strategic planning of the development of the sphere of innovative activity; insufficient regulatory and legal settlement of issues of innovation infrastructure development (including the declarative nature of innovation legislation and its inconsistency with strategic planning documents); lack of effective mechanisms for state support and stimulation of innovative infrastructure, etc. The solution of the mentioned problems requires the improvement of the state innovation policy regarding the support and development of the innovation infrastructure, the formation of a complete system of forecast and program documents of the country’s innovation development based on a comprehensive analysis of the situation, taking into account the influence of external and internal factors and the expected trends of changes in the influence of these factors in the long term.

International Legal Regulation and Management of Space Waste on Celestial Bodies

The present article explores the international legal regulation of space waste on celestial bodies and the ecological challenges that space missions will pose in the near future. The lack of a shared vision of whether space waste production should be minimized on celestial bodies is causing uncertainty in the planning of future space missions. Leading private space companies are proposing the transfer of dangerous space waste produced from Earth into outer space. The excessive generation of space waste would increase the risks of activities such as space tourism, and space research and will threaten scientific fields such as radio astronomy. The political alliances that exclude a priori third parties will increase the risk of a generation of unnecessary orbital space debris and space waste on celestial bodies because of the development of several space missions in the same field. The sustainability of space missions on celestial bodies and the protection of the outer space environment should become a guiding principle for both national and international legal regulation of space activities. This article argues for the urgent need to establish comprehensive international regulations and monitoring mechanisms to manage space waste on celestial bodies, emphasizing sustainability and cooperation among space-faring nations.

Cohesion Policy in the European Union and Its Impact on the Regulatory Framework in Bulgaria

The cohesion policy in the European Union aims to reduce regional disparities and stimulate economic development through the application of various financial instruments. The synchronization of national legal regulations with the European regulatory framework necessitates the amendment and supplementation of applicable and existing legal acts specifically related to the management of funds from European funds under shared management. This article presents the cohesion policy of the European Union and the impact of its implementation on regional policy in Bulgaria. The study pays special attention to the application of the regulatory framework regarding the “cohesion policy” in the context of implementing local self-government and local administration. Following Bulgaria‘s accession to the European Union in 2007, the country has utilized the European Union‘s structural funds to reduce regional disparities, enhance economic growth, and promote sustainable development. This research evaluates the effectiveness of these policies, their role in the regional transformation of Bulgaria, and the latest challenges and future prospects.

Building up an artificial intelligence industry in Russia: problems and prospects

Artificial intelligence (AI) is one of the most important areas of scientific and technological progress in many countries, including Russia. This technology is included in national innovation development programs, since its mass implementation can double economic growth. The transition to the sixth technological order has begun, in which AI-based technologies will play an important role. Government programs for the development of AI are becoming an important element of the growth of national economies and national security. AI technologies can significantly increase the economic efficiency of those industries where they will be introduced, primarily in the real sector, in medicine, transport, and weapons. The introduction of AI technologies in these industries can have a multiplier effect in related sectors of the economy, e.g. in education. The creation of high-tech jobs is an important intermediate result of the entire complex of measures for the development of AI technology. The article focuses on the study of state incentives for the development of the artificial intelligence industry in Russia. The state supports the industry mainly through national programs, legal regulation, and budget injections. The author maintains that the AI development and implementation system can be improved by following certain principles. The availability of state support can stimulate the emergence of new players in the artificial intelligence market, which, in turn, could lead to accelerated development of the sector.

Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services

The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission's activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the National Commission for Control over the Market of Non-Banking Financial Services), the formal-legal method (for establishing the content of legal norms), the formal-logical method (for identification of shortcomings in national legal regulation), comparative legal method (for studying the experience of other countries and determining the prospects for implementing their principles of activity in the national legal field). It has been studied that the special status of the commission is that it ensures the stability of the entire non-banking financial system of Ukraine, establishing the requirements that such institutions must meet, namely requirements for: liquidity, solvency, capital, asset quality, risk level of operations, profitability. The work examines the relationship between the commission and the National Bank of Ukraine, their cooperation in the market, which consists in the development of regulatory and legal acts and their approval. The need for the National Bank of Ukraine to delegate its powers to the National Commission for Control of Non-Banking Financial Services in relation to: registration of market participants, licensing of non-bank financial institutions, determining the procedure for issuing and canceling a license, approving the terms of operation of such institutions. In view of this, a new model of state regulation on the market of non-banking financial services was proposed in the form of concentration of all control functions on the market in a single operationally independent regulator - the National Commission for Control of Non-Banking Financial Services, which is in close cooperation with the National Bank of Ukraine and by the National Securities and Stock Market Commission. Also, the article emphasizes that regulation by the National Commission for Control of the Market of Non-Banking Financial Services should be complemented by a system of self-regulating participants in the market, which are an additional tool to state regulation.

Правовое регулирование киберэкстремизма и кибертерроризма: проблемы и перспективы

The article is devoted to a comprehensive analysis of cyberterrorism and cyberextremism as the most dangerous social phenomena that have become widespread due to the development of information technologies, especially in the field of the Internet information and telecommunications network. The author investigates the theoretical concepts of understanding cyberterrorism as a legal definition, examines the historical features of the development of this phenomenon, identifies various approaches in the legal regulation of cyberterrorism in India, Nigeria and the Philippines. The author offers his own definition of cyberextremism, which is based on the compilation of constitutive features of cyberterrorism (as an self-determined phenomenon) and extremism. Particular attention is paid to the polysystem of legal regulation of the fight against cyberextremism and cyberterrorism (universal level of legal regulation, regional level of legal regulation and national legal regulation). The study of overseas experience of legal regulation allowed to shift the focus from the universal level of international legal regulation to the regional one, which will significantly affect the regional security structure. In the course of the study, the author came to the conclusion that the most promising area of regional cooperation in the fight against cyberextremism for the Russian Federation will be the Shanghai Cooperation Organization (further — SCO). This is due to the fact that the SCO is the only international organization that has a conventional regulation of extremism per se. The expansion of cooperation is appropriate given the fact that cyber extremism is a certain form of extremism, as well as the experience of the Republic of India as a SCO member state, which has relevant national legislation aimed at countering cyberterrorism

Authors’ Moral Rights in the Digital Environment

Objective: to answer the question whether the authors’ moral rights the in the digital environment correspond to their original purpose, and to determine the impact of the development of social networking platforms, artificial intelligence technologies and non-fungible tokens (NFT) on the transformed role and features of the protection of the author’s moral rights under modern conditions.Methods: the research is based on historical-legal, comparative-legal and formal-dogmatic methods. Legal institutions and legal practice on the issue of protection of the author’s moral rights are subjected to critical analysis.Results: the genesis and normative fixation of the author’s moral rights are investigated in historical retrospect. It is noted that at present the protection of these rights is insufficiently regulated at the international level, while national copyright law, for example, of continental European states, provides a sufficiently strong protection of the author’s moral rights; however, the effectiveness of the latter is weakening in the digital age. The paper analyzes the changing landscape of copyright relations caused by technological progress: in social networks, in the generation of works by artificial intelligence, and in the creation of digital works of art. The thesis is substantiated that the author’s moral rights are undesirable in the context of social platforms. The paper proposes solutions to the issues of authorship of works created by artificial intelligence, violation of author’s rights, and integrity in case of full or partial borrowing of a work to generate a new work by artificial intelligence. The role of NFT technologies in solving the problem of preserving the author’s moral rights is defined.Scientific novelty: the work fills a gap in research on the relationship between copyright and technological development. It identifies and evaluates the innovations in the purpose and content of the author’s moral rights, caused by the processes of digitalization, and attempts to solve the problem of the author’s rights compliance with technological progress.Practical significance: the obtained results may serve as a conceptual basis for further development and improvement of national legislation and international legal regulation in the field of copyright protection, transformation of the objectives, role and place of the author’s moral rights in the digital environment.

Анализ правового регулирования использования ВИЭ в энергетическом законодательстве новых участников межгосударственного объединения БРИКС

The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.

Анализ правового регулирования использования ВИЭ в энергетическом законодательстве новых участников межгосударственного объединения БРИКС

The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.

Regulations on Conditions for Foreigners’ Housing Ownership in Vietnam: Inadequacies and Possible Solutions

In Vietnam, the concept of “settling down, having a good career” becomes an important goal of each individual. It means having a stable place to live can be guaranteed when you get a job. Therefore, home ownership becomes a basic human right. In the current integration trend, when the opening to trade between countries around the world is deepening, the demand for house ownership is not only limited to Vietnamese citizens, but also to foreigners. Vietnam has also recognized the problem of foreigners owning houses in Vietnam, but there are still restrictions on the number of houses, the area of houses owned and other issues. Currently, the Government is implementing a policy to attract investment in housing in order to exploit the development potential of this field in Vietnam as well as to solve the outstanding housing problem and expand the housing market. Therefore, the issue of foreigners’ home ownership becomes an important concern and is one of the research subjects to implement this policy.The article presents the provisions of Vietnamese law, international law on home ownership rights of foreign individuals and organizations in Vietnam, as well as conditions for foreign individuals and organizations to own housing in Vietnam, a guarantee of human rights. In addition, the article also points out to the shortcomings of the national legal regulation, thus making some recommendations to overcome the difficulties of the real estate market and housing development in Vietnam.

Medium- and Long-Term Objectives of Intellectual Property Law in the Eurasian Region

The article discusses the priority strategic tasks for the modernization of the intellectual property sector in the Eurasian region. Special attention is paid to solving the tasks of improving regional and national legal regulation in this area. Taking into account the importance of the results of creative activity for universal development, the study notes the need for the widest possible involvement of patentable results of creative activity in patenting and exclusion procedures and, thereby, their protection in the mode of production secrets (know-how). Attention is drawn to the need to improve approaches to material stimulation of creative activity in general and invention in particular, to the expediency of achieving a balance of interests of users, copyright holders and authors of protected objects by increasing the level of guaranteed payments due to them. The issue of harmonization of the norms of national and regional patent law and the related issue of improving the system of acts regulating relations in the field under consideration, including through the use of guidelines and a clearer definition of their legal status, is being considered. The expansion of the range of regional legal protection objects and the creation of Eurasian judicial jurisdiction in the field of intellectual property are named as medium-term objectives of intellectual property law within the Eurasian region.

Marine pollutions in Indonesia: Contradiction between regulations and settlement conditions

Exploration activities at sea continuously and lack of attention to environmental impacts actually have an impact on marine pollution such as Asphalt leaks in tankers in the North Nias sea in March 2023. Even though there has been a convention on the law of the sea to national legal regulations in Indonesia. The description of the above problems needs to be examined comprehensively in the following discussion, which is then formulated by examining the condition of marine pollution settlement in Indonesia and the legal construction of marine pollution liability in Indonesia. The results of the study show that the condition of marine pollution settlement in Indonesia has yet to be entirely carried out through concrete law enforcement. The disparity in the settlement of environmental pollution shows that there is still weak law enforcement carried out by the Indonesian government. It opens space for marine pollution to continue to recur. If referring to the 1982 UNCLOS and the Law on Ratification of UNCLOS and the PPLH Law, the settlement can be carried out by requesting absolute liability due to acts of pollution carried out by requesting compensation following the Polluter Pays Principle.

방송·통신 영역에서 자율규제와 법제도 구성에 관한 고찰

Self-regulation can be defined as “an organized business group self-regulating the actions of its members to protect users.” If there is a need to respect the autonomous discipline of the business organization itself in a specific field, it would be good to introduce a self-regulation system. In newly emerging areas, areas that are rapidly changing or areas that require specialized or policy considerations, would be appropriate for business organizations in those areas to self-regulate because existing legal regulations do not reflect reality or cannot properly reflect reality. Even if a self-regulation system is introduced, the degree of legal intervention in the self-regulation system of business organizations may vary depending on the characteristics of the industry. If the scope of the area is diverse or subject to frequent change, the scope of self-regulation may be narrowed due to strong legal intervention, and in areas dealing with detailed, technical, and specialized matters, the private sector should be able to demonstrate efficiency and expertise. It is desirable to reduce the degree of legal intervention through self-regulation. In relation to freedom of speech, due to the constitutional order to guarantee the public’s freedom of expression as much as possible, state regulation should be minimized, and self-regulation by business organizations to replace it is judged to be effective. In addition, due to the emergence of new technologies and technological advancement in the field of broadcasting and communications, regulation by the existing positive system for industries in this field makes efficient industrial development difficult. However, as the provision of information through social media, Internet news, OTT services etc., the side effects caused by digital media exceeded a certain level and reached a level of social conflict and infringement of other people’s rights, countries around the world have started to regulate illegal information through national legal regulations. Self-regulation was judged to be insufficient to prevent the creation and distribution of false information, hate speech, etc. In order for a self-regulatory system to operate properly, it is important to secure the democratic legitimacy of self-regulatory organizations, operational transparency, independence, and enforcement of regulations. The German self-regulatory organization for multimedia service providers is the German Self-Regulation Organization for Multimedia Service Providers(FSM). The German Youth and Media Protection Committee approved FSM, a self-regulatory organizationy, to protect youth from media content. The United States is a country that operates a representative private self-regulation system. However, direct administrative regulations have recently become more prominent in the broadcasting and communications fields due to issues such as unfair trade or monopoly. The UK's self-regulatory organization is the Internet Watch Foundation(IWF). IWF carries out tasks such as deleting posts related to child sexual abuse, blocking access, and preventing search/access, and is operating a hotline as the most basic activity to make this possible. The Australian Communications and Media Authority(ACMA) is the broadcasting and communications regulator. ACMA is a government-affiliated organization and is a co-regulation model between the government and the private sector that supports and cooperates in the establishment of industry codes. The self-regulation system stipulated in Korea’s Information and Communications Network Act is actually close to administrative regulation. It is appropriate for information and communication service provider organizations to determine and implement a code of conduct for information and communication service providers, rather than a matter to be stipulated in the Information and Communications Network Act,

AI: social perception and the states policy

The specificity of advanced technologies constitutes a transformation challenge in terms of the conditions of social development and influence on state policies. In the last few years, this process has been seen as a consequence of the development of artificial intelligence – a general-purpose digital technology. Due to its complexity, the AI technology has enormous potential for social change, which raises both deepening hopes and fears. AI also influences the policies of countries, which for its development use both the current achievements in the development of ICT (information and communication technology), as well as the demographic potential and accumulated digital data resources, the diversity of the political system and the dominant importance of their own digital sector with international influence. It can be considered that those countries that have been successful as digital powers are taking on the role of AI superpowers with greater freedom and innovation. At the same time, there is a rapid increase in the number of countries that aspire to become AI leaders and those that treat artificial intelligence technology as an opportunity to improve their international position. Public perception is a factor supporting the adoption and implementation of national development strategies and legal regulations for AI. It reveals social fears and hopes associated with the technology in question, influencing the views of both politicians and citizens.

Legal Regulations Defining the Role and Tasks of Expert Supervision During Construction Works

<p class="Abstract" style="text-align: justify;"><span lang="EN-GB" style="mso-ansi-language: EN-GB; mso-fareast-language: FR; mso-bidi-font-weight: bold; mso-bidi-font-style: italic;">The paper<strong> </strong>discusses the roles and tasks of expert supervision of construction works according to national and international legal regulations. It presents the role and tasks of expert supervision during construction works. There is a summarized review of supervision according to the current legal regulations in the Republic of Serbia (Law on Planning and Construction, the Rulebook on the content and method of conducting the site supervision) and the Specific Customs on Construction. The role of the ‘Engineer’ according to the FIDIC General Conditions has been presented. It has been pointed to the differences between national legislation and the FIDIC General Conditions.</span></p>

Certainty of Divorce Laws in Different Countries Based on Indonesian International Civil Law

International divorce cases involving spouses from different nationalities present complex challenges that necessitate a solid grasp of private international law principles. The divorce process in Indonesia, particularly for couples with different nationalities, requires adherence to national legal regulations and applicable laws. International treaties, notably the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for addressing such cases. Recognizing and enforcing foreign divorce judgments across jurisdictions is vital to prevent multiple divorces and ensure legal certainty, necessitating coordination between countries. Child protection takes center stage in interstate divorce cases, emphasizing jurisdictional determination and the proper application of the law to safeguard the child's best interests. This research, using normative juridical methods, explores the application of international private law in inter-state divorce cases in Indonesia, shedding light on legal complexities and contributing to a deeper understanding of legal certainty. In essence, addressing interstate divorce issues involves considerations of jurisdiction, choice of law, recognition, and the protection of children's rights, making a profound understanding of international private law increasingly crucial in the context of marriages and divorces across different countries amid rising human mobility and globalization

Certainly of Divorce Laws in Different Countries Base on Indonesian International Civil Law

Recognition and implementation of the divorce decision. Therefore, a thorough understanding of the principles of private international law is essential to navigate these complex legal challenges. Principles such as lex loci celebrationis, lex domicilii, and the principle of recognition and enforcement of foreign judgments serve as guidelines in handling inter-country divorce cases. Court jurisdiction, the choice of applicable law, and the process of recognizing and implementing divorce decisions between countries are important focal points in legal settlements. International divorce, especially involving spouses of different nationalities, raises a number of complex issues. From determining jurisdiction to choosing the applicable law, every step in the divorce process requires careful consideration. In this context, several international treaties, such as the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for dealing with such divorce cases.
 In addition, the importance of recognizing and enforcing foreign divorce judgments in other jurisdictions is an important factor in preventing multiple divorces and providing legal certainty. This process involves coordination between countries to respect and recognize foreign court decisions. Protecting children's rights in interstate divorce is an important focus, with jurisdictional determination and appropriate application of the law to ensure the child's best interests are safeguarded. An in-depth understanding of international private law, especially in the context of divorce from different countries, is the key to ensuring justice and legal certainty for all parties involved.
 In handling inter-country divorce cases in Indonesia, especially those involving couples with different nationalities, it is important to pay attention to national legal regulations, applicable laws and regulations, and guidelines from relevant international conventions. The divorce process in Indonesia, as explained in Article 66 of the Marriage Law, must follow the applicable national laws and regulations. This research, using normative juridical methods, provides in-depth insight into how international private law is applied in inter-state divorce cases in Indonesia. By exploring the principles of private international law and examining expert views, this research discusses the legal complexities involving marriage between countries and contributes to further understanding of legal certainty in this context. Overall, interstate divorce opens up a broad discussion of private international law issues, including jurisdiction, choice of law, recognition, and protection of children's rights. With increasing human mobility and globalization, a deep understanding of the principles of international private law is becoming increasingly important in dealing with marriages and divorces from different countries.