National Legal Research Articles

URGENCY OF LEGAL CONSEQUENCES TO THE ABSENCE OF PROVISIONS FOR THE PERIOD OF IMPLEMENTATION OF DEPORTATIONS IN IMMIGRATION LAW

Deportation is an act of expelling foreigners who violate the law in order to maintain the sovereignty of the country. however, article 85 of Law Number 6 of 2011 concerning Immigration is not regulated regarding the period of deportation. This is by the National Legal Development Agency of the Ministry of Law and Human Rights of the Republic of Indonesia in the Final Report on the Evaluation of Immigration Law in 2020. The formulation of the problem of this study is how the legal consequences are on the absence of provisions governing the period of deportation. The research method used is a qualitative-normative metde with a conceptual approach. The results of this study are due to the law, namely the occurrence of overcapacity, there are detainees who have served more than 10 years of detention, and the occurrence of conflicts of detention with officers and between detainees. The advice that can be given is to immediately make provisions for the period of implementation of deportation.

THE CORRELATION BETWEEN NATIONAL AND INTERNATIONAL LEGISLATION ON FREEDOM OF RELIGION: INTERACTION ISSUES

Relevance. Issues of discussion of international and national law have acquired particular relevance in the light of constitutional changes, occurred in 2020 in the Russian Federation. The primacy of national law, enshrined at the level of the Constitution of the Russian Federation, has significantly changed the interaction between the national and international legal order. At the same time, the sphere of freedom of conscience (religion) is one of the most important areas of legal regulation, which has both national and international legal aspects, which determines the relevance of the chosen research goal. The Purpose of the study is to analyze international legal and domestic regulation in the sphere of ensuring the right to freedom of conscience (religion), as well as to identify and resolve urgent problems of interaction of systemic law in the context of the right to freedom of conscience. The research objectives are: 1) determination of the place of the right to freedom of conscience (religion) in the system of international and national legal regulation, in particular, analysis of the concepts of “absolute law”, “jus cogens”, “general international law”; 2) consideration of the issue of the boundaries of freedom of religion in the understanding of the national law of the Russian Federation and international law. As a result of the accomplishment of the task, it is proposed to identify the main differences in this issue between the domestic and international legal order, as well as to put forward proposals to eliminate this discrepancy. Methodology. The key tool was the method of comparative analysis, as well as system analysis. In the course of the study, the main acts of the current legislation of the Russian Federation in the field, the most important international legal acts, the works of prominent specialists in international and constitutional rights were analyzed, a study of law enforcement acts (the practice of the courts of the Russian Federation, the European Court of Human Rights) was carried out. Conclusions. As a result, original conclusions were obtained regarding the need for the doctrinal inclusion of norms on freedom of conscience (religion) in the system of international common law. The conclusion is made about the need for a more complete consideration of the position of international judicial bodies in the legislative movement of the boundaries of the right to freedom of conscience (religion).

Forming a Responsive Local Law in the National Legal Framework

This research uses normative legal research which mostly uses international journal literature. This will make writing more comprehensive and up to date information. The regional authority is attributively regulated in Article 18 paragraph (6) of the 1945 Constitution of the Republic of Indonesia in conjunction / juncto with Article 236 paragraph (1) of Law Number 23 of 2014 concerning Regional Government. Based on these two provisions, autonomous regions are authorized to form Regional Regulations in the context of implementing regional autonomy and co-administration tasks. Related to this, Philipus M Hadjon stated that regional autonomy is the authority to form authority arrangements and the formation of principles, as well as procedures for carrying them out. Autonomous regions are given the authority to regulate in the form of Regional Regulations which function as the basis for the implementation of autonomy.

Recognition Model of National Legal Pluralism in a Unitary State through the Prismatic Theory Approach

The choice of a unitary state based on Article 1 Section 1 of the 1945 Constitution theoretically always relates to the factor of equality within the state. However, the choice of the Republic of Indonesia as a unitary state is based on the consideration of the pluralism aspects in terms of culture, language, customs, and ethnicity, which brings consequences for the recognition of applicable legal pluralism (Article 18B Section 2 of the 1945 Constitution). This study examines legal pluralism in a unitary state based on the prismatic theory approach to find out its legal recognition model. This study aims at finding an ideal legal pluralism recognition model in a unitary state which has tended to be centralized, such as the implementation of the Basic Agrarian Law that ignores the customary laws. The results of the legal prismatic theory approach are expected to able to fulfill justice in a pluralistic society. In this study, the researcher employed a normative juridical method through a political-law approach to various laws and regulations. Furthermore, the researcher also used a qualitative analysis. The results of this study showed as follows. (1) Politics of law as a guideline for legal development is inconsistent with Pancasila and legal systems that accommodate legal pluralism. As a result, customary law must comply with national law, which indicates the recognition of weak legal pluralism. (2) The recognition model of national legal pluralism through the prismatic theory approach by considering the plurality of the prevailing legal order may create certainty and benefit on the value of justice in society according to national ideology and Pancasila as the soul of the nation. The recommendations of this study are as follows. (1) Legal development should use the recognition model of national legal pluralism through the prismatic theory approach so that certainty and benefit on the value of justice in society can be established according to national ideology and Pancasila as the soul of the nation. (2) The prismatic theory approach can be an alternative solution to the recognition model of legal pluralism in realizing Indonesian national law based on Pancasila as the ideology and spirit of the nation.

MEDIATION IN BRIBERY: CURRENT PROBLEMS OF LAW ENFORCEMENT

This article provides a complete and comprehensive analysis of the norms of legislation regulating the issues of combating corruption crimes on the example of mediation in bribery. Using the comparative legal method of scientific cognition, the main national normative legal acts regulating the fight against corruption, as well as normative legal acts of the Soviet period, are analyzed. The scientific article also analyzes the provisions of federal laws and by-laws of state authorities regulating the issues we have raised. In addition, the analysis of the law enforcement practice of law enforcement agencies and courts responsible for the organization of work on the identification, prevention and suppression of corruption crimes, as well as criminal prosecution for their commission, has been carried out. The article also reveals the law enforcement and other problems of bringing to criminal responsibility for mediation in bribery, the promise of mediation in bribery and "imaginary mediation", the criminal law analysis of these crimes by their elements is carried out. Based on the results of the analysis, proposals aimed at further improving the regulatory framework relating to the issues of countering corruption crimes have been derived.

Informed consent and assent guide for paediatric clinical trials in Europe

ObjectiveClinical trial sponsors spend considerable resources preparing informed consent (IC) and assent documentation for multinational paediatric clinical trial applications in Europe due to the limited and dispersed patient populations, the...

Safety Zones on the Moon: International and National Legal Dimension

Proceedings of the International Institute of Space Law is een online tijdschriftenplatform van Boom uitgevers Den Haag (Boom juridisch, Boom criminologie, Boom bestuurskunde en Eleven International publishing)

Ohio Mental Health Professionals’ Attitudes, Knowledge, and Experience Regarding Medical Marijuana

Increasing positives attitudes toward medical marijuana (MM) is evident by the number of states who have authorized MM and in national surveys. Based on 177 participants responding to an anonymous electronic survey, the study found that Ohio licensed counselors and social workers hold generally positive views about MM regardless of one’s license or supervisory status. Participants’ attitude toward national legal adult use and opinion regarding recreational use significantly predicted participants attitude toward national legalization of MM, but age, having a chemical dependency license, and personal use of MM did not add to the prediction model. In addition, most reported having clients who use marijuana and directly asked about MM, yet nearly all had clients they believed should not use MM and would be reluctant to refer if a history of substance abuse was present. Additional concerns about MM were expressed by participants, and the training needs for practice and future directions for research are discussed.

Law Schools as Legal Aid Providers in Kenya: Challenges and Lessons Learnt from Practice

Legal aid is the provision of free or subsidized legal services to mainly poor and vulnerable people who cannot afford advocate fees. The right to legal aid is well rooted in the international, regional human rights treaty framework to which Kenya party. The provision of legal aid addresses the concerns of the poor and vulnerable by focusing on challenges that foil access to justice. In recognition of this, the Government of Kenya promulgated the Legal Aid Act, 2016 establishing the National Legal Aid Service to provide legal aid services to needy, marginalized, and vulnerable persons. This was a very important move, propelling the Government to prioritize legal aid provision as a right as well as a necessity for promotion of rule of law and access to justice. However, it is imperative to understand that the duty does not squarely fall on the State alone. There is need for non-state actors’ support from private entities like law firms, NGOs, Law schools and any other qualified legal personnel. Without a doubt, several non-state actors are actively offering free or subsidized legal aid and the purpose of this paper is to look at the lessons faced by a non-state actor from the experience of the authors organizing and running events to offer free legal aid. This includes expounding on challenges faced such as constrained funding, language barrier, illiteracy, and ignorance of legal rights. The punchline here is that there is room for all stakeholder to come together and forge a way forward for an improved legal aid framework in Kenya.
 Keywords: Law schools, Legal aid clinics, Legal aid, Free legal services, Kenya, access to justice, rule of law.

Assessment of the Responsibility of Local Governments in Indonesia for the Management of Refugee Care

AbstractThis article assesses the responsibility of local governments in Indonesia for the management of refugee care, following the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (the “PR”). It highlights the limited authority of local governments in handling refugee issues—which is an issue that cuts across several national legal and administrative regimes including Foreign Affairs, Human Rights, and Immigration. This article focuses on the constraints of local political dynamics and budgeting in allocating local government funds for refugee care. In addressing these concerns, the authors argue that the PR should be amended to explicitly define the role of local governments in managing refugee issues and to include the regional revenue and expenditure budget as a source of funding. In addition, the authors argue that local governments that are hosting refugees should establish relevant local regulations for implementation of the PR.

Review of cannabis reimbursement by workers' compensation insurance in the U.S. and Canada.

Changing public attitudes about cannabis consumption have currently led 36 U.S. states and the District of Columbia to approve laws that make cannabis available to consumers with qualifying medical conditions. This article reviews the 36 states and the District of Columbia with medical cannabis access laws to determine if the state or the District also allows reimbursement of the costs of cannabis for a work-related health condition under that state's or District's workers' compensation insurance (WCI) laws and administrative regulations. The legal basis for a state allowing or not allowing WCI reimbursement is described. The review found that only six of the 36 states expressly allow cannabis WCI reimbursement, six expressly prohibit it, 14 states do not require reimbursement, and 10 states, and the District of Columbia, are silent on the issue. The article describes the role of the insurer, treating physician, and worker in obtaining WCI reimbursement in the six states that expressly allow cannabis WCI reimbursement. Comparisons are made to how selected Canadian provinces and territories administer cannabis reimbursement under Canada's new national cannabis legalization law. The article discusses the future role of cannabis legalization in the United States and the evolving role of cannabis from an international perspective.

Review of the Political Direction of National Legal Development Law

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation.Keywords: The Political Direction of Law; The Development of National Law; The Living Law Tinjauan Arah Politik Undang-Undang Pembangunan Hukum Nasional AbstrakArah politik hukum di Indonesia dalam pembangunan hukum nasional menyederhanakan pada legislasi. Cakupan pembangunan hukum nasional sebenarnya tidak hanya melalui legislasi. Ada fungsionalisasi hukum yang hidup di masyarakat. Tujuan penelitian mendeskripsikan urgensi politik hukum dalam pembangunan hukum nasional, dan mereview arah politik hukum hukum pembangunan hukum nasional. Penelitian ini menggunakan pendekatan filosofis, yaitu mengkaji hukum dari sisi ideal berupa gagasan arah politk hukum nasional ke depan. Hasil penelitian ini menunjukan bahwa politik hukum sangat diperlukan guna memberikan arah dalam pembangunan hukum nasional. Setiap negara memiliki arah politik hukum yang perannya sebagai kebijakan dasar penyelenggara negara untuk menentukan arah, bentuk maupun isi hukum yang akan dibentuk. Politik hukum sebagai strategi proses pembentukan, serta pelaksanaan hukum yang berpijak pada sistem hukum nasional untuk mencapai tujuan dan cita-cita negara. Arah politik hukum di Indonesia dalam pembangunan hukum nasional menyederhanakan pada legislasi.Kata Kunci: Arah Politik Hukum; Pembangunan Hukum Nasional; The Living Law Обзор политической направленности национального закона о правовом развитии Аннотация:Направление правовой политики Индонезии в развитии национального права упрощено до законодательного. На самом деле, развитие национального права осуществляется не только через законодательство. Существует действующий закон, который живет в обществе. Цель исследования - описать актуальность правовой политики в развитии национального права и рассмотреть направление правовой политики в развитии национального права. В данном исследовании используется философский подход, который рассматривает право с идеальной стороны в виде идей политического направления национального права в будущем. Результаты этого исследования показывают, что правовая политика необходима для определения направления развития национального права. В каждой стране существует правовое политическое направление, роль которого заключается в том, чтобы руководствоваться государственной администрацией в качестве основной политики по определению направления, формы и содержания закона, который должен быть сформирован. Правовая политика как стратегия процесса формирования и реализации закона основана на национальной правовой системе для достижения целей и идеалов государства. Направление правовой политики Индонезии в развитии национального права упрощено до законодательного.Ключевые Слова: Направление Правовой Политики; Развитие Национального Права; Живое Право

THE SIGNIFICANCE OF PUBLIC AGRICULTURAL ADVISORY IN THE FUNCTIONING OF THE NATIONAL RURAL NETWORK (NRN) IN THE FINANCIAL PERSPECTIVE 2014-2020

The aim of the article is to present the importance of public agricultural advisory services, which are an important link of the National Rural Network (NRN) in the process of its functioning in the 2014-2020 financial perspective. The indirect objective is to assess the degree of use of financial instruments supporting the NRN by agricultural advisory services, which are resources of Technical Assistance in the framework of the Rural Development Programme 2014-2020 (RDP). The NRN is part of the European Network for Rural Development (ENRD).The main stakeholders of the ENRD are agricultural advisory services. The regulations concerning the organization of the NRN in the financial perspective 2021-2027 were presented. The study was conducted using different research methods. The basic methods include an (comparative-descriptive) analysis of national and international legal acts and literature on the subject, and the method of synthesis and deduction. The importance of agricultural advisory units (AAU) in the functioning of the NRN system was assessed in six selected Polish voivodeships (Podkarpackie, Opolskie, Lubelskie, Zachodniopomorskie, Lubuskie and Śląskie) based on the results of a study of empirical material published by the Minister of Agriculture. It was shown that the resources of AAU ensured the efficient performance of statutory tasks in the scope of supporting the functioning of the NRN for the years 2014-2020. However, an unfavourable phenomenon was the significant proportion of funds that were not used for NRN and returned to the Ministry of Agriculture. A significant share of unused funds indicated ineffective operational planning of tasks under the NRN for individual voivodeships.

The National Policy and Legal Reality: This Trend of Social Pervasiveness will Continue

The National Policy and Legal Reality: This Trend of Social Pervasiveness will Continue

CRIMINAL LEGAL PROBLEMS OF BRINGING TO RESPONSIBILITY FOR CORRUPTION-RELATED CRIMES ON THE EXAMPLE OF COMMERCIAL BRIBERY

The article provides a complete and comprehensive analysis of the norms of legislation regulating the issues of combating corruption crimes on the example of commercial bribery. Using the comparative legal method of scientific knowledge, the main national normative legal acts regulating the fight against corruption are analyzed. The provisions of federal laws and by-laws of state authorities regulating the issues raised are also analyzed. In addition, the analysis of the law enforcement practice of law enforcement agencies and courts responsible for the organization of work on the identification, prevention and suppression of corruption crimes, as well as carrying out criminal prosecution for their commission, is carried out. The article also reveals law enforcement and other problems of bringing to criminal responsibility for commercial bribery, mediation in commercial bribery and small-scale commercial bribery, a criminal-legal analysis of these types of crimes by their elements is carried out. Based on the results of the analysis, proposals are formulated aimed at further improving the regulatory framework concerning the issues of countering corruption crimes.

Права человека: соотношение нормативного регулирования на международно-правовом и национально-правовом уровнях

In the 21st century, the processes of globalization and informatization are actively developing, which naturally leads to a number of changes in a wide variety of areas of human life. Changes in the legal sphere are largely related to the peculiarities of regulatory regulation at both the national legal and international legal levels. This article is devoted to a direct study of the relationship of these types of normative regulation in the field of human rights at the present stage.

The System of Legal Regulation of Cross-Border Relations in the Field of Industrial Property: Terminological Aspects

The paper discusses the terminological aspects of the system of legal regulation of cross-border relations in the field of industrial property. The use of the term “cross-border relations” does not in itself imply the overcoming of the territorial principle of industrial property protection. Transboundariness as a characteristic of private-law relations, which presupposes a complication of the relationship by a foreign element, means the presence of any connection between the relationship (through a subject or legal fact in the case of cross-border relations in the field of industrial property) with the legal order of several states. It is proposed to define industrial property as rights (exclusive and personal non-property) related to intellectual property in the production-technical and production-trade areas. The system of legal regulation of cross-border relations in the field of industrial property is defined by the author as a coherent group of norms consisting of interrelated and interdependent principles of protection of industrial property (universal, general object and special object), other international and national substantive legal and national conflict-of-laws norms subordinate to these principles, as well as individual norms of non-state nature, subordinate to all the specified legal norms, regulating relations complicated by a foreign element regarding the emergence, use, transfer, restriction, termination, protection of rights to industrial property. In this case, a foreign element in a legal relationship can be represented by the subject, as well as by a legal fact: the place of violation of the right to the industrial property object, the place of execution of the formalities necessary for the protection of the industrial property object, as well as the place of occurrence of the consequences of harm caused by the violation of rights to intellectual property object.

On the Implementation of International Law in the Constitutional Legal System of Russia: Theory and Practice

Implementation of international law at the national level continues to be an actual direction for both theoretical and practical studies. Within the framework of the processes of globalization and integration, this issue is of particular importance. This article examines the theoretical aspects of the implementation of International Law in the constitutional legal system, as well as the features of the practice of making decisions by the European Court of Human Rights in modern conditions. The influence of sociocultural processes taking place in Western European countries on the interaction of national and international legal order. The purpose of the work is to analyze the theoretical and practical aspects of the implementation of International Law in the national legal system within the framework of integration processes that have a direct impact to the main spheres of society. In the course of the research have been used: formal logical and technical-legal methods. The authors made a number of conclusions about the modern mechanism of interaction between the national and international legal order.

On (not) learning from self-neglect safeguarding adult reviews

Purpose The purpose of this paper is to update the core data set of self-neglect safeguarding adult reviews (SARs) and accompanying thematic analysis. It also explores whether lessons are being learned from the findings and recommendations of an increasing number of reviews on self-neglect cases. Design/methodology/approach Further published reviews are added to the core data set, mainly drawn from the websites of safeguarding adults boards (SABs). Thematic analysis is updated using the domains used previously. The domains and the thematic analysis are grounded in the evidence-based model of good practice, reported in this journal previously. Findings Familiar findings emerge from the thematic analysis and reinforce the evidence-base of good practice with individuals who self-neglect and for policies and procedures with which to support those practitioners working with such cases. Multiple exclusion homelessness and alcohol misuse are prominent. Some SABs are having to return to further cases of self-neglect to review, inviting scrutiny of what is (not) being learned from earlier findings and recommendations. Research limitations/implications The national database of reviews commissioned by SABs remains incomplete. The Care Act 2014 does not require publication of reports but only a summary of findings and recommendations in SAB annual reports. National Health Service Digital annual data sets do not enable the identification of reviews by types of abuse and neglect. However, the first national analysis of SARs has found self-neglect to be the most prominent type of abuse and/or neglect reviewed. Drawing together the findings builds on what is known about the components of effective practice, and effective policy and organisational arrangements for practice. Practical implications Answering the question “why” remains a significant challenge for SARs. The findings confirm the relevance of the evidence-base for effective practice but SARs are limited in their analysis of what enables and what obstructs the components of best practice. Greater explicit use of research and other published SARs might assist with answering the “why” question. Greater scrutiny is needed of the impact of the national legal, policy and financial context within which adult safeguarding is situated. Originality/value The paper extends the thematic analysis of available reviews that focus on study with adults who self-neglect, further reinforcing the evidence base for practice. Propositions are explored, concerned with whether learning is being maximised from the process of case review.

Viable model of the Mexican legal system: A transdisciplinary systemic vision

In Mexico, the Legal System contemplates a broad set of agencies responsible to the justice imparting, therefore for its management it is necessary to have a systemic model that allows to contribute, in a more adequate way, to the entire set of subsystems; in such a way that the institutions responsible to administering justice are capable of accurately and expeditiously determining the results and conclusions in the areas responsible to the administration of justice. The implementation and application of models with a systemic approach, such as Viable Systems Models, allow us to respond to many problems at different integrated levels of abstraction of sociotechnical systems, such as those responsible to justice administration in Mexico. This research work purpose is to design a Viable Model for the Mexican Legal System, which will allow to provide justice delivery systems with a tool that streamlines, and facilitates the management, control and handling of the information used in the National Legal System. The systems approach application in the design of viable systems allows to unite different expert’s views to give a comprehensive response to the analyzed cases.